Sandra Watkinson vs. Statebridge Co., LLC, Christiana Trust
We won another federal court trial, see in re Watkinson, MA BK Adv. Pro. No. 19-1071-FJB wherein the Court dismissed the remaining counts against the Mortgagee-Servicer-Creditor-Defendants.
The amended complaint asserted Four (4) counts against one or both of the Defendants. In Count I, the Debtor sought damages against both Christiana and Statebridge for violation of provisions of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq., concerning the obtaining of forced place insurance on the Property.
In Count II, the Debtor sought damages against both Christiana and Statebridge for violation of MASS. GEN. LAWS ch. 93A.
In Count III, the Debtor objected to Christiana’s Proof of Claim, asking that it be disallowed on the basis that Christiana does not hold the promissory note or own the mortgage on which its claim is predicated.
And in Count IV, the Debtor claimed damages against Statebridge (not also Christiana) for another violation of MASS. GEN. LAWS ch. 93A.
The Court also overruled the Debtor’s objection to the Defendants' Proof of Claim. #12 USCA sec. 2605 #Bankruptcy Rule 3001(d) #Bankruptcy Code 11 USC 502(b)(2) # Federal Rule Civil Procedure 15(b)(2) amendments to complaints #MGL 93A sec 2