Judge Finds Class Definition In 2nd Mortgage Suit Is 'Fatally Overbroad'

Judge Finds Class Definition In 2nd Mortgage Suit Is 'Fatally Overbroad'

KANSAS CITY, Mo. - A federal judge in Missouri on Sept. 21 denied a plaintiff's renewed motion to certify a class seeking damages based alleged violations of the Missouri Second Mortgage Loan Act (MSMLA) by USB Real Estate Securities Inc. and Deutsche Bank National Trust Co. after finding that the proposed class definition was "fatally overbroad" because it included individuals who may not have standing to bring claims due to their filing for bankruptcy (Michael D. Mayo, et al. v. USB Real Estate Securities Inc., et al., No. 08-00568-CV-W-DGK, W.D. Mo.; 2012 U.S. Dist. LEXIS 135454).

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