Judge Finds Claims In Loan Modification Suit Are Not Preempted

Judge Finds Claims In Loan Modification Suit Are Not Preempted

SAN DIEGO - A federal judge in California on Aug. 23 granted in part Aurora Loan Services LLC's motion to dismiss a suit stemming from a man's attempt to modify his home mortgage loan, ruling that though some of his claims were insufficiently pleaded, they were not preempted by the Home Owners Loan Act (HOLA) because the allegations centered on the loan servicer's misrepresentations and were incidental to its lending practices (Caleb Wickman v. Aurora Loan Services LLC, No. 12CV1702 JAH, S.D. Calif.; 2013 U.S. Dist. LEXIS 120342).

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