BofA Wants RICO Foreclosure Class Action Tossed

Law360, New York (November 11, 2010, 6:54 PM EST) -- Bank of America NA has asked a federal court to throw out a putative class action from homeowners who say the bank engaged in racketeering by submitting perjured affidavits during foreclosure proceedings.

The homeowners' suit essentially tries to use a federal court to appeal a state court decision — in this case a foreclosure ruling — a practice barred by U.S. Supreme Court case law, BofA said in a motion Wednesday in the U.S. District Court for the Southern District of Indiana.

The putative class also...
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