NJ Law Connect-
In a published decision issued on October 4, 2018, the New Jersey Appellate Division issued a controversial ruling that allows a homeowner to pursue a claim against Bank of America under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) due to the defendants’ failure to identify the lender’s name and address in several pre-action foreclosure notices served on the homeowner, even though the bank ultimately did not file a foreclosure suit. Wright v. Bank of America, et al., Docket No. A-2358-15T-3 (App. Div. NJ, October 4, 2018).
In this particular case, the homeowner filed a complaint against Bank of America and its loan servicer BAC Home Loans Servicing, LP (BAC), alleging that five notices of intention to foreclose served on him by BAC violated the FFA because the notices neglected to include Bank of America’s name and address. The homeowner did not dispute having defaulted on his mortgage or claim that the notices were false and misleading.
The trial court dismissed the homeowner’s complaint against Bank of America and its loan servicer BAC, finding that a violation of the FFA cannot support a TCCWNA claim. The homeowner appealed.