NEWARK, NJ, November 7, 2011 – Today Judge Katherine S. Hayden of the United States District Court for the District of New Jersey denied a motion by Bank of America, N.A. to dismiss the proposed class action Beals v. Bank of America, N.A. This action, was filed by Lawrence Friscia of the New Jersey law firm of Friscia & Associates, a boutique firm concentrating on foreclosure defense, and makes numerous allegations against Bank of America in connection with allegedly fraudulent and procedurally defective foreclosure actions brought by Bank of America against homeowners in New Jersey.

For inquiries related to this matter contact Lawrence Friscia. Mr. Friscia can be reached at (973) 500-8024. Please visit www.friscialaw.com for additional information.

OPINION Excerpt:

VI. Conclusion
For the foregoing reasons, this Court will not abstain from this case. Defendants‘ motion to dismiss is granted as to all claims for negligent processing of a loan modification, as to all claims under the Fair Debt Collection Practices Act, and as to Grullon‘s claims for breach of contract and breach of the duty of good faith and fair dealing. The motion is denied as to the Beals plaintiffs‘ breach of contract claim, the Beals plaintiffs‘ claim for a breach of the duty of good faith and fair dealing, all claims for fraud and negligent misrepresentation, and all claims under the New Jersey Consumer Fraud Act.

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

FIRST COUNT

Breach of Contract

SECOND COUNT

Breach of Covenant of Good Faith and Fair Dealing

THIRD COUNT

Fraud/Intentional Misrepresentation

FOURTH COUNT

Constructive Fraud/Negligent Misrepresentation

FIFTH COUNT

Negligent Processing of Loan Modifications and Foreclosures

SIXTH COUNT

Violation of the New York Deceptive Practices Act, N.Y. Gen. Bus. Law 349, et.seq.

SEVENTH COUNT

Violation of the New Jersey Consumer Fraud Act (“CFA”), N.J.S.A. 56.8-1, et. seq.

EIGHTH COUNT

Violation of Constitutional Rights Under Color of State Law, 42 U.S.C. 1983

BRIAN COSTIGAN v. Citigroup

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

Tanya Beals, on behalf of herself and all
other persons similarly situated

VS.

Bank of America, N.A, BAC Home Loans
Servicing, L.P., a wholly owned subsidiary
of Bank of America, N.A., LaSalle Bank,
N.A., John Does 1-10

Excerpts:

Defendants Have Consistently Demonstrated a Willful Disregard
for the Procedural Safeguards Entitled to All Borrowers

Defendants Routinely Act in Bad Faith and in Breach of Contractual
Obligations During the Course of their Settlement Negotiations with Plaintiffs

FIRST COUNT
(Fraud)

SECOND COUNT
(Violation of the New Jersey Consumer Fraud Act
codified at N.J.S.A. §§ 56.8-1, et. seq.(NJCFA))

THIRD COUNT
(Breach of Contract)

FOURTH COUNT
(Breach of the Covenant of Good Faith and Fair Dealing)

FIFTH COUNT
(BREACH OF IMPLIED CONTRACT)

SIXTH COUNT
(Quantum Meruit)

SEVENTH COUNT
(Violation of the New Jersey Fair Foreclosure Act)

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.