Clarey v. The Bank of New York Mellon CA4/3
Plaintiffs John M. Clarey and Christy J. Clarey (together, the Clareys) appeal from the judgment entered after the trial court sustained, without leave to amend, the demurrer of defendants The Bank of New York Mellon (the Bank of New York) and Bayview Loan Servicing, LLC (Bayview), to the Clareys’ second amended complaint. (We refer to the Bank of New York and Bayview collectively as defendants.) The Clareys sued defendants and others, asserting claims for, inter alia, declaratory relief, negligent misrepresentation, violation of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. § 2601 et seq.) (RESPA), and unfair competition, based on allegations that improper and unsubstantiated fees were assessed on the Clareys’ home loan and home equity line of credit accounts. The Clareys also alleged flaws in the process by which their debt had been securitized. The Clareys filed a notice of appeal from the second amended judgment, which was entered after the trial court grant
Comments on Clarey v. The Bank of New York Mellon CA4/3