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Boardley v. Household Finance Corp. III

Citations: 39 F. Supp. 3d 689; 2014 U.S. Dist. LEXIS 112574; 2014 WL 4080169Docket: Case No. PWG-12-3009

Court: District Court, D. Maryland; August 14, 2014; Federal District Court

Narrative Opinion Summary

In a case involving allegations of deceptive loan practices, the Plaintiffs filed a multicount action against the Defendants, claiming they were misled into accepting a loan with higher payments than promised and were denied the ability to refinance. The court found valid claims for breach of contract and violations of the Maryland Consumer Protection Act, dismissing other claims such as those under the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA) due to lack of a private cause of action or being time-barred. Plaintiffs' motion to amend their complaint to include additional claims was mostly denied as futile, except for the breach of the Settlement Agreement and the MCPA claim, which were allowed to proceed. The negligence and other tort claims were dismissed due to the absence of a fiduciary duty. The court emphasized the statute of limitations and the necessity of establishing a duty of care in financial transactions. Ultimately, the case will proceed on the grounds of breach of contract and MCPA violations, with the Defendants required to respond to these claims.

Legal Issues Addressed

Breach of Contract and Maryland Consumer Protection Act

Application: The court found that the Plaintiffs adequately stated claims for breach of contract and a violation of the Maryland Consumer Protection Act, allowing these claims to proceed while dismissing all other claims.

Reasoning: The court found that the Plaintiffs’ Amended Complaint only adequately stated a claim for breach of contract and a Maryland Consumer Protection Act violation, with all other claims being dismissed.

Futility of Amendment in Federal Rule of Civil Procedure 12(b)(6)

Application: The court denied Plaintiffs' motion to amend certain claims, finding the amendments futile as they failed to state a claim.

Reasoning: The futility standard aligns with a Rule 12(b)(6) motion to dismiss, requiring an evaluation of whether the proposed amendments adequately state a claim.

Negligence and Duty of Care in Financial Transactions

Application: The court dismissed negligence claims due to the lack of a fiduciary duty or special circumstances establishing a duty of care.

Reasoning: Plaintiffs have not demonstrated any special circumstances that would establish a fiduciary relationship with Defendants, leading to a failure in proving the duty element necessary for their claims of negligence, negligent supervision, and fraudulent concealment.

Real Estate Settlement Procedures Act (RESPA) Violations

Application: The court dismissed claims under 12 U.S.C. § 2609 due to lack of a private cause of action and found Plaintiffs did not sufficiently state a claim under 12 U.S.C. § 2605(e)(2).

Reasoning: Defendants argue that the Real Estate Settlement Procedures Act (RESPA) does not permit a private right of action for alleged violations of 12 U.S.C. § 2609 concerning escrow accounts... Consequently, Plaintiffs' claims based on § 2609 will be dismissed.

Truth in Lending Act (TILA) Statute of Limitations

Application: Plaintiffs' TILA claim was dismissed as time-barred due to the one-year statute of limitations.

Reasoning: Plaintiffs' Truth in Lending Act (TILA) claim regarding the failure to credit their payments is barred by the statute of limitations, necessitating dismissal.