9th Circ. Throws Out Calif. BofA Foreclosure Action

Law360, New York (February 15, 2012, 8:27 PM EST) -- The Ninth Circuit on Wednesday upheld a lower court’s dismissal of a putative class action against Bank of America NA over its allegedly improper foreclosure of California homes, finding the plaintiff's state law arguments do not apply to his circumstance.

In its opinion, the three-judge panel said the California Court of Appeal had reached the same conclusion as the district court, which found records of trustee substitutions that the plaintiff claimed the bank had failed to file properly did not apply to deeds of trust. The...
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