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Mortgage Modification - FCRA Case (April 20, 2012) [Stroman v. Bank of America, Equifax, Experian & TransUnion]

This is a very important win for consumers everywhere. Among other things, the Court - Judge Amy Totenberg, District Court for the Northern District of Georgia - held that despite BOA's attempts to have Plaintiff's case dismissed at the Motion to Dismiss stage, Plaintiff's claims for BOA's violations of the Real Estate Settlement Procedures Act ("RESPA") - in particular, as related to Plaintiff's Qualified Written Requests under 2105 - the Fair Credit Reporting Act, the GA Fair Lending Act, the Georgia Fair Business Practices Act, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Conversion, Unjust Enrichment, among other claims, were all viable claims that were sufficiently pled to withstand BOA's Motion. All of these claims arose in conjunction with Plaintiff's attempts to modify her home mortgage loan under the HAMP program.


Read the full order on motion to dismiss Stroman v. BOA, Equifax, Experian & TransUnion

If applicable, you understand and agree that neither I nor my firm perform, nor have or do we hold ourselves out as performing, "credit repair" services as such term is defined under the Credit Repair Organizations Act (15 U.S.C. § 1679 et seq.)[or any other related state or federal law or rule]. Thus, while the end result of certain of my legal services may result in the improvement of one's credit or credit score, to the extent I am engaged by a client to help him or her with any matter that involves the FCRA or other aspects of consumer credit, my services are limited to assisting with legitimate problems or disputes about erroneous or inaccurate information [i.e. reported with "less than maximum accuracy" as defined by the FCRA and caselaw] and, as with all other aspects of my practice, I do not and cannot promise a particular or favorable outcome. Furthermore, if and when I am retained to represent a client in conjunction with a disputed/inaccurate credit related matter [whether exclusively or along with other legal issues], the scope of my representation is not limited solely to or with a view towards "credit improvement". Rather, such matters comprise only a part of the overall scope of my representation. In addition, neither I nor my office is a "mortgage loan originator" or lender as defined by either the GA Residential Mortgage Act [e.g. O.C.G.A. § 7-1-1000 et seq.] and or the Federal S.A.F.E. Act [Mortgage Licensing Act of 2008] and any mortgage or loan related services provided by me or my firm are or would be ancillary to the representation of the client and or otherwise exempt from the purview of same. Finally, neither I, my office nor the facsimile or telephone number(s) listed herein - or contained in any documents or links included or posted on this website - accept any commercial or advertising communications of any kind, which is strictly prohibited, and any provision or inclusion thereof; is not intended as a waiver of any protections granted by the TCPA, JFPA, CAN-SPAM Act(s) or any other applicable laws & and shall not create or give rise to a "business relationship".