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Copeland v. Bank of America

August 3, 2007

MARCIA COPELAND, PLAINTIFF-APPELLANT,
v.
BANK OF AMERICA, DEFENDANT-RESPONDENT.
MARCIA COPELAND, PLAINTIFF-APPELLANT,
v.
BANK OF AMERICA, DEFENDANT-RESPONDENT, AND GRP FINANCIAL, DEFENDANT.



On appeal from the Superior Court of New Jersey, Law Division, Civil Part, Camden County, L-9272-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: February 14, 2007

Before Judges Kestin and Lihotz.

Plaintiff, Marcia Copeland, appeals from an order granting partial summary judgment to defendant Bank of America (BOA) and dismissing plaintiff's basic claims in each of two consolidated cases, "subject to the exception" that "plaintiff may proceed with any and all claims available to her under the RESPA [Real Estate Settlement Procedures Act] statute." 12 U.S.C.A. §§ 2601 to 2617. We dismiss the appeal as interlocutory.

On October 20 and November 4, 2005, respectively, plaintiff, on forms provided by the courts, filed handwritten civil action complaints in Camden County and Cumberland County against BOA and GRP Financial. The October 20 complaint, against BOA alone, alleged that 1) "Defendant breached mortgage contract signed 1/25/02[; and] 2) Defendant has increased the mortgage by three hundred dollars which is not supported by escrow inclusions, i.e., taxes, insurance, . . . ." In the section of the form specifying "the harm that occurred as a result of defendant's acts," the document stated:

1) Damage to credit report & ability to purchase real estate[;]

2) Violation of mortgage contract[;]

3) Mismanagement of mortgage escrow account[; and]

4) Unlawfully creating a foreclosure situation to collect fees & additional monies[.]

The November 4 complaint, against BOA and GRP Financial*fn1 as defendants, alleged "Defendant [sic] breached mortgage contract -- building sold at tax sale." The section calling for a recitation of "the harm that occurred as a result of defendant's acts" stated:

1) Damage to credit report and ability to purchase real estate[;]

2) Violation of mortgage contract/building sold ...


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