Munoz

Proceedings: DEFENDANT FINANCIAL FREEDOM SENIOR FUNDING CORPORATION’S MOTION TO DISMISS (FLD 7/14/08)

Court’s tentative ruling issued to counsel before case called. Court hears oral argument.

Court rules in accordance with the tentative. Final order to be issued.

ORDER GRANTING WITH PREJUDICE DEFENDANT FINANCIAL FREEDOM’S MOTION TO DISMISS

Defendant Financial Freedom Senior Funding Corporation (“Financial Freedom”) moves to dismiss the second amended class action complaint of Plaintiff Mary P. Munoz. Ms. Munoz, a senior citizen, alleges that Financial Freedom preyed upon her by selling her a reverse mortgage and failing to prohibit her from purchasing a deferred annuity with the proceeds of that reverse mortgage. Second Amended Complaint (“SAC”) ¶ 1. Financial Freedom moves to dismiss Ms. Munoz’s claims on the ground that they are preempted by federal law, which exclusively regulates the activities of federal savings associations. Ms. Munoz opposes Financial Freedom’s motion, arguing that her claims are not preempted by federal law because they implicate only a lender’s common law obligations in the marketplace, and are not specific to its lending activity. For the following…