Summary
concluding RESPA's use of “receive” unambiguous and the plaintiff's failure to use the designated address not fatal to her claim
Summary of this case from Berneike v. CitiMortgage, Inc.Opinion
Case No. 10-CV-2052.
October 27, 2010
ORDER
A Report and Recommendation (#50) was filed by Magistrate Judge David G. Bernthal in the above cause on September 24, 2010. On October 12, 2010, Defendants Bank of America, N.A., and Bank of America Home Loans Servicing, LP, filed their Objection to Report and Recommendation (#52). Following this court's careful de novo review of the Magistrate Judge's reasoning and Defendants' Objection and Plaintiffs' Response (#53), this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#50). This court agrees that Defendants' Motion to Dismiss (#37) should be DENIED.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#50) is accepted by this court.
(2) Defendants' Motion to Dismiss (#37) is DENIED.
(3) This case is referred to Judge Bernthal for further proceedings.
ENTERED this 27th day of October, 2010