TRUNZO et al vs CITI MORTGAGE et al
| ALEXANDER TRUNZO and ANTHONY HLISTA |
| CITI MORTGAGE, LBPS and PHELAN HALLINAN & SCHMIEG, LLP |
| 2:2011cv01124 |
| September 1, 2011 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Arthur J. Schwab |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
362
OPINION. Signed by Judge Mark R. Hornak on 2/7/18. (bdb)
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Filing
207
OPINION. Signed by Judge Mark R. Hornak on 8/29/14. (jad)
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Filing
171
OPINION. Signed by Judge Mark R. Hornak on 3/31/14. (bdb)
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Filing
89
MEMORANDUM OPINION. Signed by Judge Mark R. Hornak on 7/23/12. (bdb)
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Filing
74
OPINION. The Court DISMISSES WITH PREJUDICE Homeowners' claims of: (1) Breach of Contract (Count I) against Citi and Seterus because these Defendants were not parties to Homeowners' mortgage and note nor were they assigned the duties, oblig ations, or responsibilities of a "lender" or "note-holder" from WPF or Fannie-Mae; (2) unjust enrichment (Count II) against Citi because the servicer did not receive the benefit of any disputed payment; (3) violations of the FCEUA against all Defendants (Counts IV and V) due to the statutory exemption regarding purchase money mortgages; (4) violations of Act 6 sections 404 and 406 (Count VI) against all Defendants due to these sections' applicability to residential mortg age lenders only; (5) violations of Act 6 sections 501 and 502 (Count VI) against Citi because the servicer did not collect any contested payment; and (6) violations of UTPCPL section 201-2(4)(v) (Count VII) against all Defendants due to a lack of de ceptive representations regarding the benefits of Homeowvers' note and mortgage. Homeowners' claims against Seterus and PHS arising under Act 6 section 501 (Count VI) are DISMISSED WITHOUT PREJUDICE. All remaining claims against the respective Defendants survive dismissal under the standards of Iqbal and Twombly. An appropriate Order will follow. Signed by Judge Mark R. Hornak on 6/25/12. (bdb)
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