Third Circuit Revives Challenge to Firm's Debt Collection Practices
A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue.
April 07, 2015 at 08:00 PM
5 minute read
A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue.
Dale Kaymark, who refinanced his Pittsburgh-area house for $245,600 in 2006 and fell behind on his mortgage payments in 2011, filed a class action suit against Bank of America and its local law firm, Udren Law Offices, alleging that their foreclosure efforts violated the federal Fair Debt Collection Practices Act and the state Fair Credit Extension Uniformity Act and Unfair Trade Practices and Consumer Protection Law.
A federal judge in Pittsburgh had agreed with the defendants and dismissed the case, but the U.S. Court of Appeals for the Third Circuit has reversed that decision on the federal law claims against Udren.
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