Editor: David Reiss
Brooklyn Law School

April 16, 2014

Illinois Court Rejects Plaintiff’s Claims of FDCPA, Fourteenth Amendment, Mortgage Foreclosure Law, and Assignment Violations

By Ebube Okoli

The court in deciding Gonzalez v. Bank of Am., N.A., 2014 U.S. Dist, 67 (N.D. Ill. 2014) granted defendant’s motion to dismiss.

Plaintiff (Gonzalez) filed a four-count complaint against Bank of America and MERS seeking damages arising from alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq. (Count I); void assignment of mortgage in violation of the Fourteenth Amendment (Count II); lack of authority to assign mortgage (Count III); and, against Bank of America only, violation of the Illinois Mortgage Foreclosure Law (Count IV).

Defendants moved to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Ultimately the court granted defendant’s motion.

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