Marino
Marino v. Countrywide Financial Corp.
Opinion
Lead Opinion
Staton, J.
ORDER GRANTING MOTION TO DISMISS (Doc. 11)
I. INTRODUCTION
Before the Court is a Motion to Dismiss filed by Defendants Countrywide Financial Corp., Countrywide Home Loans, Inc., Bank of America Corp., and Bank of America, N.A. (Mot., Doc. 11.) Plaintiff Anthony Marino filed an Opposition, and Defendants replied. (Opp’n, Doc. 13; Reply, Doc. 14.) Having considered the parties’ briefing, and having taken the matter under submission, the Court GRANTS Defendants’ Motion.
II. BACKGROUND
In 2004, Anthony Marino purchased a single family residence for $585,000. (Notice of Removal Ex. A (“FAC.”) at 8, Doc. 1.) 1 Marino financed part of the purchase price -with a $468,000 loan from Washington Mutual. (Id.) In April 2006, Marino entered into two loans with Countrywide: (1) “a first mortgage loan” for $479,000 that replaced the Washington Mutual loan and was “secured by a first deed of trust” on the property; and (2) “a new second mortgage cash-out refinance loan” for $169,000, “secured by a second deed of trust” on the property. (Id. at 9.) Marino paid various fees to Countrywide to close the loans. (Id.)
According to Marino, “in lieu of conducting his own independent investigation,”…