In re Folson (Ch.13 Case No. 17-70361, Adv. Case No. 19-07012)

In this adversary proceeding, a Defendant moved to dismiss Plaintiff-Debtor’s claims under FRCP 12(b)(6). Plaintiff’s claims, in order, were 1) Wrongful Foreclosure, 2) Fraud, and 3) Violation of the Real Estate Settlement Procedures Act (RESPA). The Court found that Plaintiff was able to allege sufficient facts to potentially state a claim for Claim I but not for Claims II or III. As a result, the Court granted Defendant’s Motion with respect to Claims II and III but denied Defendant’s Motion with respect to Claim I.

Monday, October 7, 2019