Banks and Foreclosures and Banking & Finance and Class Action and Lawsuits and Mortgage Lenders and Mortgages and Law

Bank of America seeks to dismiss racketeering suit

November 11, 2010

Bank of America Corp., the biggest U.S. lender, asked a federal judge to throw out a lawsuit brought by foreclosed homeowners who accuse it of racketeering.

Dwayne Ransom Davis and Melisa Davis sued last month in Indianapolis, claiming Bank of America “routinely” submitted perjured affidavits to support foreclosures. They lost their Knightstown home last year.

The Charlotte, N.C.-based bank, in papers filed Wednesday with U.S. District Judge Jane Magnus-Stinson, said the Davises were improperly using a federal court to attack a state court proceeding and hadn’t shown they were injured.

“While plaintiffs claim they do not seek to overturn the judgment in the foreclosure action, it is clear they are trying to do precisely that,” in violation of federal law, Bank of America told the court.

The Davises didn’t ask the court to reverse their September 2009 foreclosure. They said in their complaint that the use of “robo-signers,” or people who sign affidavits attesting to facts underlying foreclosures without actual knowledge of them, constitutes racketeering.

They seek class-action, or group, status for anyone whose home was taken under such circumstances since October 2006, and compensatory damages, which would be tripled under U.S. racketeering laws.

“Plaintiffs plead no facts to support their claim that the result, i.e. a judgment of foreclosure, would have been any different had the alleged inaccuracies in the underlying affidavit been discovered in the state court proceeding,” Bank of America said.

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