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BERNEIKE v. CITIMORTGAGE, INC.

No. 11-4210.

708 F.3d 1141 (2013)

Adriana BERNEIKE, Plaintiff-Appellant, v. CITIMORTGAGE, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 25, 2013.

Attorney(s) appearing for the Case

Brian W. Steffensen of Steffensen Law Office, Salt Lake City, UT, for Defendant-Appellant.

Anthony C. Kaye , ( Angela W. Adams and Steven D. Burt with him on the brief), of Ballard Spahr LLP, Salt Lake City, UT, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, GORSUCH and MATHESON, Circuit Judges.

BRISCOE, Chief Judge.

Adriana Berneike (Berneike) appeals the district court's dismissal pursuant to Rule 12(b)(6) of her Real Estate Settlement Procedures Act (RESPA), Utah Consumer Sales Protection Act (UCSPA), and breach of contract claims asserted against CitiMortgage, Inc. (Citi). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I

On January 13, 2010, Berneike faxed twenty-eight different letters to Citi, her mortgage loan...

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