From Casetext: Smarter Legal Research

Vought v. Bank of America, N.A.

United States District Court, C.D. Illinois, Urbana Division
Oct 27, 2010
Case No. 10-CV-2052 (C.D. Ill. Oct. 27, 2010)

Summary

concluding RESPA's use of “receive” unambiguous and the plaintiff's failure to use the designated address not fatal to her claim

Summary of this case from Berneike v. CitiMortgage, Inc.

Opinion

Case No. 10-CV-2052.

October 27, 2010


ORDER


A Report and Recommendation (#50) was filed by Magistrate Judge David G. Bernthal in the above cause on September 24, 2010. On October 12, 2010, Defendants Bank of America, N.A., and Bank of America Home Loans Servicing, LP, filed their Objection to Report and Recommendation (#52). Following this court's careful de novo review of the Magistrate Judge's reasoning and Defendants' Objection and Plaintiffs' Response (#53), this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#50). This court agrees that Defendants' Motion to Dismiss (#37) should be DENIED.

IT IS THEREFORE ORDERED THAT:

(1) The Report and Recommendation (#50) is accepted by this court.
(2) Defendants' Motion to Dismiss (#37) is DENIED.
(3) This case is referred to Judge Bernthal for further proceedings.

ENTERED this 27th day of October, 2010


Summaries of

Vought v. Bank of America, N.A.

United States District Court, C.D. Illinois, Urbana Division
Oct 27, 2010
Case No. 10-CV-2052 (C.D. Ill. Oct. 27, 2010)

concluding RESPA's use of “receive” unambiguous and the plaintiff's failure to use the designated address not fatal to her claim

Summary of this case from Berneike v. CitiMortgage, Inc.
Case details for

Vought v. Bank of America, N.A.

Case Details

Full title:WAYNE VOUGHT, on behalf of himself and a class of all other persons…

Court:United States District Court, C.D. Illinois, Urbana Division

Date published: Oct 27, 2010

Citations

Case No. 10-CV-2052 (C.D. Ill. Oct. 27, 2010)

Citing Cases

McMillen v. Resurgent Capital Servs., L.P.

Several courts have decided otherwise, however, holding that while the regulation allows a mortgage servicer…

Roth v. PNC Bank, N.A.

Here, Plaintiffs do not dispute that the December 2013 correspondence was a facsimile sent to "Diane" at the…