SPENCER SAVINGS BANK, S.L.A. v. BANK OF AMERICA CORPORATION et al

Filing 43

ORDER granting in part and denying in part 11 Motion to Dismiss. Signed by Judge Katharine S. Hayden on 6/30/15. (rg, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

SPENCER SAVINGS BANK, S.L.A., a mutual
savings and loan association,
Plaintiff,

Civil No.: 14-4633 (KSH) (CLW)

v.
BANK OF AMERICA CORP., successor to
Countrywide Financial Corp., COUNTRYWIDE
FINANCIAL CORP; COUNTRYWIDE HOME
LOANS, INC.; COUNTRYWIDE HOME
SERVICING, L.P; BANK OF AMERICA, N.A.;
and BAC HOME LOAN SERVICING, L.P.

Order

Defendants.

THIS MATTER having been brought before the Court by Defendants Countrywide
Financial Corporation, Countrywide Home Loans, Inc., and Bank of America, N.A., in its own
capacity and as successor to BAC Home Loans Servicing, LP (f/k/a Countrywide Home Loans
Servicing, LP) (collectively “Defendants”), by way of a motion to dismiss counts 1 and 4 of
Plaintiff’s complaint [D.E. 11], and the Court having considered the papers submitted in support
thereof and in opposition thereto; and for good cause shown, and for the reasons set forth in the
opinion filed herewith,
IT IS on this 30th day of June, 2015, hereby
ORDERED that Defendants’ motion to dismiss count 1 of Plaintiff’s complaint is
denied, and it is further
ORDERED that Defendants’ motion to dismiss count 4 plaintiff’s complaint is granted.

/s/Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.