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Hutter v. Countrywide Bank, N.A.

Hutter v. Countrywide Bank, N.A. et al, 2015 U.S. Dist. LEXIS 122882 (S.D.N.Y. Sept. 14, 2015).

In Hutter v. Countrywide Bank, N.A., ZEK obtained obtain judgment in favor of its client, a large national bank and mortgage lender (the “Bank”) in an action brought by a borrower in connection with a $1,785,000. mortgage loan.  Plaintiff originally brought numerous causes of action, including claims under RICO.  In 2011, the United States District Court for the Southern District of New York (Seibel, J.), granted in part the Bank’s motion to dismiss plaintiff’s complaint, dismissing her claims for RICO and fraud.

After engaging in discovery, on September 14, 2015, the Court (Román, J.) handed the Bank a complete victory, granting the Bank’s motion for summary judgment, dismissing each and every one of plaintiff’s remaining claims against it, namely those under New York Deceptive Practices Act, the Real Estate Settlement Procedures Act, and the Truth in Lending Act.   The Court also granted the Bank’s motion for summary judgment dismissing all cross-claims brought by defendant mortgage brokers.

A link to the September 14, 2015 Decision of the Southern District of New York Court is attached below.

September 2015 HUTTER decision