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Williamson v. Bank of America, N.A.

Supreme Court, New York County

October 11, 2013

LARRY H. WILLIAMSON, Plaintiff,
v.
BANK OF AMERICA, N.A., JPMORGAN CHASE BANK, N.A., and JOHN DOES 1-10, representing any REMIC trusts, servicers, special servicers, master servicers, banks or other lenders claiming ownership of a promissory note in the amount of $1387, 500 dated April 18, 2007 and signed by Larry Williamson, Defendants. Intex No. 153581/2012

Unpublished Opinion

RECEIVED NYSCEF: 10/23/2013.

DORIS LING-COHAN, J.S.C.

The following papers, numbered 1-7 were considered on this motion to dismiss for forum non conveniens:

PAPERS NUMBERED
Notice of Motion/Order to Show Cause, — Affidavits — Exhibits.............1, 2
Answering Affidavits — Exhibits...................3
Replying Affidavits..............4

Cross-Motion: [ ] Yes [X] No

Upon the foregoing papers, it is ordered that this motion is decided as indicated below.

Plaintiff Larry Williamson (Williamson) commenced this declaratory judgment action against defendants Bank of America, N.A. (Bank of America), JPMorgan Chase Bank, N.A. (JPMorgan), and John Does 1-10, alleging that defendants have no enforceable interest in a note under a deed of trust.

BACKGROUND

On April 18, 2007, plaintiff Williamson entered into a note in the amount of $1, 387, 500 (Note), and a deed of trust (Deed of Trust), for property located at 2675 Gibraltar Road, Santa Barbara, California 93105 ("Property"). The Deed of Trust was recorded in the County of Santa Barbara on April 25, 2007, and plaintiff Williamson, a non-domiciliary of New York, resides in the Property in California.

In April 2012, plaintiff Williamson stopped making payments on the Note, and filed this action in New York County on June 11, 2012, seeking a declaratory judgment against defendants. Plaintiff Williamson served an amended complaint, on July 5, 2012, asserting five causes of action for: (1) a declaratory judgment against defendants; (2) fraud on the basis that defendants engaged in the collection of monthly payments on the Note under false pretenses; (3) breach of contract resulting from defendants' failure to modify the loan by reducing the principal and interest rate; (4) violation of New York General Business Law ยง 349 for deceptive practices; and (5) anticipatory breach of contract, as defendants failed to reduce the Note by $125, 000, pursuant to defendants' settlement agreement with 50 State Attorney Generals. According to the Amended Complaint, defendant JPMorgan is the most recent owner of the Note, defendant Bank of America is ...


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