FOLLOW US

America March 26, 2024 3 mins read

BofA Mortgage Lawsuit Late : Homeowners’ Claims Dismissed

America ı By Rihem Akkouche

0 Comments

BofA Mortgage Lawsuit late

The North Carolina Supreme Court has delivered a decisive ruling, dismissing claims brought against Bank of America NA by homeowners who alleged fraud in a mortgage modification program. The court found that the homeowners initiated legal action too late, stating they knew or should have known about the purported fraud when their homes faced foreclosure - a span of four to seven years before filing their lawsuit.

BofA Mortgage Lawsuit Late  : Lawsuit Background

In 2018, a group of homeowners lodged a lawsuit, alleging that Bank of America wrongly denied them status under the federal Home Affordable Modification Program (HAMP) between 2009 and 2014. Their contention was that the bank's actions led to wrongful denials, exacerbating financial hardships.

Statute of Limitations Argument

The crux of the homeowners' argument rested on the statute of limitations, seeking to toll North Carolina's three-year limit concerning the bank's alleged violations. They claimed unawareness of the fraud until engaging legal representation years after their HAMP issues surfaced. However, the state Supreme Court emphasized that the statute's application is objective, tied to when a reasonable person should have discovered the fraud.

BofA Mortgage Lawsuit Late  : Court's Ruling

In a majority opinion, Chief Justice Paul Martin Newby underscored that the statute of limitations commenced when the homeowners lost their homes, as they were then aware of the pertinent facts regarding their interactions with Bank of America during the HAMP application process. The court concurred that the homeowners' frustrations during the application process should have prompted further investigation, rejecting claims of ignorance until legal consultation.

Dissenting Opinion

Justice Allison Riggs dissented, contending that foreclosure alone does not trigger fraud claims under the discovery rule. She argued against equating the arduous HAMP application process with evidence of fraud, highlighting the imbalance in investigatory burdens between citizens and sophisticated financial entities.

BofA Mortgage Lawsuit Late  : Implications

This ruling signifies a setback for homeowners seeking redress against alleged misconduct by financial institutions. The decision underscores the criticality of timeliness in legal actions and sets a precedent regarding the discovery of fraud in similar contexts.

Response and Representation

Bank of America declined to comment, while counsel for the homeowners did not immediately respond to requests for comment.

Homeowners are represented by William C. Robinson, Dorothy M. Gooding, Samantha Katen, Chelsie Warner, Caitlyn Miller, and Robert Orr.

Bank of America is represented by Bradley R. Kutrow, Dylan M. Bensinger, Keith Levenberg, and James W. McGarry.

BofA Mortgage Lawsuit Late  : Conclusion

The North Carolina Supreme Court's ruling emphasizes the importance of timely legal action and navigates complex considerations surrounding the discovery of fraud in financial dealings, impacting future litigation in similar domains.

Previous Article

Teamsters $137M Lawsuit Against Yellow Thwarted

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America November 12, 2026 1 killed, 4 hurt in Logan Circle gym attack By – Rachel Moore
America November 12, 2026 Dan Hicks, NBC Sports announcer, dies at 64 By – Rachel Moore
America November 11, 2026 Brooklyn Building Collapse Kills 2 as Rescuers Search Rubble By – Michallie K Harrison
America November 11, 2026
A Veterans Day Betrayal: House Advances…

OPINION | The Republican-led House marked Veterans Day by advancing…

By – Michallie K Harrison
America November 11, 2026
Trump’s SNAP Cuts: What’s Law and…

President Donald Trump’s administration is proposing new SNAP cuts that…

By – Michallie K Harrison
America November 11, 2026
Nvidia’s China Chip Scandal Deepens As…

By Samuel López | USA Herald A Chinese university closely…

By – Samuel Lopez
America November 11, 2026
Jim Jordan Ousts Steve Scalise to…

House Republicans on Tuesday elected Rep. Jim Jordan of Ohio,…

By – Derek Johnson
America November 11, 2026
Rate Hikes Are Back on the…

A hotter-than-expected October inflation report has pushed the 10-year Treasury…

By – Derek Johnson
America November 11, 2026
Russia and Ukraine Agree to the…

Russia and Ukraine agreed Wednesday to what U.S. negotiators called…

By – Derek Johnson
America November 11, 2026
AI Godfather Warns of Chernobyl-Style Blackout…

By Samuel López | USA Herald | November 11, 2026…

By – Samuel Lopez
America November 11, 2026
Home Depot Hit With Lawsuit Over…

ATLANTA (USA Herald) – Home Depot received approximately $730 million…

By – Samuel Lopez
America November 10, 2026
U.S. Soldier Arrested in U.K. in…

British police arrested a senior U.S. Army soldier Tuesday near…

By – Michallie K Harrison
America November 10, 2026
Oil Giants Earn $25 Billion as…

ExxonMobil and Chevron earned a combined $25.3 billion in the…

By – Michallie K Harrison
America November 10, 2026
Thomas Markle’s Latest Crisis: Meghan’s Estranged…

Thomas Markle, the estranged father of Meghan, the Duchess of…

By – Jackie Allen
America November 10, 2026
Colts agree to trade WR Josh…

Josh Downs is officially getting the fresh start he wanted.…

By – Rachel Moore
America November 10, 2026
US Sues Lyft Over Alleged Disability…

The U.S. Department of Justice has taken Lyft to court,…

By – Rachel Moore
America November 10, 2026
Insurtech Firm Reports Higher Quarterly Deficit…

Insurtech company Lemonade recorded a net loss of approximately $43.7…

By – Rachel Moore
America November 10, 2026
Senior US Soldier Arrested by UK…

A senior member of the U.S. Army has been arrested…

By – Tyler Brooks
America November 10, 2026
Vitamin K Deficiency Bleeding: Why the…

A single injection administered in the first hours of life…

By – Tyler Brooks
America November 10, 2026
Texas Man Charged With Murder in…

A cruise vacation took a horrifying turn when a woman…

By – Tyler Brooks
America November 10, 2026
Pete Hegseth faces impending House impeachment…

U.S. Defense Secretary Pete Hegseth faces a potentially historic political…

By – Tyler Brooks
America November 10, 2026
Hulu Revisits California’s Speed Freak Killers…

Hulu is taking viewers back into one of California’s most…

By – Jackie Allen
America November 10, 2026
Infant Bleeding Surges as Vitamin K…

Infant bleeding rose as fewer newborns received vitamin K shots,…

By – Michallie K Harrison
America November 10, 2026
UGA Leads $8 Million Initiative to…

The University of Georgia (UGA) has received an $8 million…

By – Jackie Allen
Breaking News November 10, 2026
Nvidia Opens Investigation Into CEO Jensen…

Nvidia's board has opened an investigation into reports that CEO…

By – Derek Johnson
America November 9, 2026
Jasmyne Garcia  Beaten to Death  in…

MORGAN HILL, Calif. — Jasmyne Garcia, 34, was allegedly beaten…

By – Jackie Allen
America November 9, 2026
Natalee Holloway Case Returns to Spotlight…

  ARUBA — More than 20 years after Natalee Holloway…

By – Jackie Allen
America November 7, 2026
Can Elephants Sue For Freedom? Hawaii…

What’s at Stake for Mari and Vaigai A legal first…

By – Samuel Lopez
America November 7, 2026
On Monday Supreme Court Weighs Whether…

What’s at Stake for Federal Prisoners A prisoner’s broken tailbone…

By – Samuel Lopez
America November 7, 2026
Mike Tyson And Ric Flair Score…

Inside the $50 Million Legal Battle A federal judge rejected…

By – Samuel Lopez
America November 6, 2026
Hackers Target French Blood Banks In…

By Samuel Lopez – USA Herald A cyberattack targeting blood-storage…

By – Samuel Lopez
America November 5, 2026
AI Flagged Bias in Trump Climate…

WASHINGTON — Researchers on a Trump climate panel asked Microsoft…

By – Michallie K Harrison
America November 5, 2026
Russell Brand Convicted of Rape, Taken…

LONDON — Russell Brand was convicted of rape and three…

By – Michallie K Harrison
America November 8, 2026
Dana White Reportedly Declines Trump White…

By Samuel Lopez – USA Herald | November 8, 2026…

By – Samuel Lopez
America November 5, 2026
Dallas Cowboys Face  Crisis After Crushing…

By Jackie Allen | USA Herald The Dallas Cowboys are…

By – Jackie Allen
America November 4, 2026
WNBA: DeWanna Bonner Makes Emotional Admission…

ATLANTA — The WNBA Finals ended in heartbreak for the…

By – Jackie Allen
America November 4, 2026
Inés Gómez Mont Arrested by ICE…

MIAMI —  Inés Gómez Mont, a former television personality who…

By – Jackie Allen
America October 31, 2026
Bill Belichick and Jordon Hudson Reportedly End…

Bill Belichick and Jordon Hudson reportedly ended their romantic relationship…

By – Jackie Allen
America October 29, 2026
Brewers Beat Rays to Win First…

ST. PETERSBURG, Fla. — The Milwaukee Brewers won their first…

By – Michallie K Harrison

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter