Rucker v. Bank of America

Plaintiff filed suit against BOA and Wells Fargo alleging, among other claims, that BOA had violated Section 51.002(d) of the Texas Property Code and the Texas Debt Collection Act (TDCA), Tex. Fin. Code Ann. 392.301(a)(8), 392.303(a)(2), and 392.304(a)(8). On appeal, plaintiff challenged the district court's grant of summary judgment for BOA. The court concluded that, even if section 51.002(d) authorizes a private cause of action, plaintiff fails to state a claim because she did not allege that BOA attempted to send her a timely notice of sale or to initiate foreclosure. Further, the court concluded that, irrespective of any statutory notice requirements, BOA did not violate section 392.301(a)(8) of the TDCA by threatening to foreclose; plaintiff failed to allege a violation of section 392.303(a)(2); and plaintiff failed to establish any of the elements required by section 392.304(a)(8). Accordingly, the court affirmed the judgment. View "Rucker v. Bank of America" on Justia Law