BERGER v. BANK OF AMERICA, N.A.

Civil Case No. 10-11583-NMG.

931 F.Supp.2d 292 (2013)

Lee M. BERGER, Alice A. Berger, Plaintiffs, v. BANK OF AMERICA, N.A., BAC Home Loans Servicing, L.P., Defendant.

United States District Court, D. Massachusetts.

March 21, 2013.


Attorney(s) appearing for the Case

Edward F. Haber , Michelle H. Blauner , Robert E. Ditzion , Adam M. Stewart , Ian J. McLoughlin , Shapiro Haber & Urmy LLP, Boston, MA, E. Michelle Drake , Kai H. Richter , Nichols Kaster LLP, Minneapolis, MN, for Plaintiffs.

Brian M. Lamacchia , John C. Englander , Mark T. Knights , Matthew G. Lindenbaum , Goodwin Procter LLP, Boston, MA, David L. Permut , Goodwin Procter , LLP, Washington, DC, for Defendant.


MEMORANDUM & ORDER

GORTON, District Judge.

This putative class action was brought by plaintiffs Lee and Alice Berger ("the Bergers") against Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP ("BAC") (collectively "Bank of America") for breach of their mortgage contract and of the implied covenant of good faith and fair dealing. The Bergers allege that defendants breached their mortgage contract by requiring them to purchase more...

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