Toussaint et al v. HomeEq.Servicing et al
| Wilson Toussaint and Primevere Toussaint |
| HomeEq.Servicing, Saxon Mortgage Services,Inc., New Century Mortgage Corporation, Paul McCarthy, Karin T. Connelly, Derri Cutting, Stephen R. Ceprano, Burton Associates Real Estate, Gregory Burton, Century 21, Steve Denson, Mass Mortgage Capital Group and Ludner Felix |
| 1:2009cv10326 |
| March 4, 2009 |
| US District Court for the District of Massachusetts |
| Real Property: Other Office |
| Suffolk |
| Joseph L. Tauro |
| None |
| Federal Question |
| 28:1331(a) Fed. Question: Real Property |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
74
Judge Joseph L. Tauro: ORDER entered. After a Hearing held on 6/14/2011, this court hereby orders that Intervenor Defendant U.S. Bank National Association's Motion to Dismiss 67 is ALLOWED. Counts I and II fail to state a claim upon which reli ef may be granted because neither the Truth in Lending Act ("TILA") nor the Home Ownership Equity Protection Act ("HOEPA") governs Massachusetts loan transactions. Moreover, Count IV is dismissed as time-barred. Claims under the R eal Estate Settlement Procedures Act mus be brought within one year of the date of the occurrence of the violation of Section 2607. Plaintiffs' claim under Section 2607 expired one year from the date of the loan, which darted in 2006. Plaintiff& #039;s claim therefore expired sometime in 2008, and Plaintiffs did not file this action until 3/4/2009. The remaining claims, Counts III and V, are state-law claims. Because this court has dismissed all federal claims in this action, this court decl ines to exercise supplemental jurisdiction over Counts III and V. Counts III and V are therefore DISMISSED WITHOUT PREJUDICE to Plaintiffs refiling in state court. This case is CLOSED. IT IS SO ORDERED. See ORDER for details. (Geraldino-Karasek, Clarilde)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
