Williams v. Countrywide Bank

          RULING AND ORDER ON MOTION TO AMEND

          VICTOR A. BOLDEN UNITED STATES DISTRICT JUDGE.

         On December 9, 2018, Joanne Williams, individually and as trustee for the estate of her late father, Frederick B. Williams, Sr. (“Plaintiffs”), filed suit against: (1) Countrywide Bank, FSB and Countrywide Bank, N.A. (d/b/a Bank of America, N.A.) and Countrywide Home Loans, Inc. (d/b/a Bank of America Home Loans; together with Countrywide Bank, FSB and Countrywide Bank, N.A., “Countrywide Defendants”); (2) BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P., BAC Home Loans Servicing, L.P. (d/b/a Bank of America Home Loans), Bank of America, N.A. (aka Countrywide Bank, N.A.) and Bank of America Corporation (together with BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P., BAC Home Loans Servicing, L.P., and Bank of America, N.A., “Bank of America Defendants”); (3) Nationstar Mortgage, LLC; (4) Caliber Home Loans, Inc. (d/b/a Caliber Home Loans and Caliber Home Loans Servicing, “Caliber”); and (5) U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. Compl., ECF No. 1, ¶¶ 3-11.

         Plaintiffs allege that Countrywide Defendants and Bank of America Defendants committed fraud and violated the Connecticut Unfair Trade Practices Act (“CUTPA”), Conn. Gen. Stat. § 42-110a et seq. Compl., Counts I and VII. Plaintiffs allege, separately, that Nationstar Mortgage, LLC and Caliber committed fraud and violated CUTPA. Compl., Counts II and VIII. Plaintiffs sue all Defendants for conversion, common law and statutory replevin, Conn. Gen. Stat. § 52-575, unjust enrichment, violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., and violation of the Connecticut Fair Debt Collection Practices Act, Conn. Gen. Stat. § 36a-646 et seq. Compl., Counts III, IV, V, VI, IX, and X.

         On March 14, 2018, Plaintiffs moved to amend the Complaint. Mot. to Leave to Amend Compl. (to Alleged Specific Date in Para. 26) (“Mot. Amend.”), ECF No. 34.

         On April 2, 2019, Caliber objected to Plaintiffs' motion to amend. Def. Caliber Home Loans, Inc.'s Obj. to Pls.' Mot. to Amend the Compl. (“Caliber Obj.”), ECF No. 37.

         For the reasons that follow, the Court GRANTS Plaintiffs' motion to amend, ECF No. 34.

         As a result, the Court DENIES without prejudice to renewal all pending motions to dismiss, ECF Nos. 28, 29, and 30, and GRANTS Plaintiffs' motions for extension of time to respond or reply, ECF Nos. 35 and 36. The Court sets a response deadline of 21 days after the filing of any renewed motion to dismiss. D. Conn. L. Civ. R. 7(a)(2).

         I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

         A. Factual Background^[1]

         On or about November 5, 2004, Ms. Williams' father (“Mr. Williams”) allegedly died in a house fire at their residence in Plainville, Connecticut. Compl. at ¶ 2. As a result of the fire, almost all of Mr. Williams' documents and records were allegedly burned or lost. Id. at ¶ 3.

         Mr. Williams' house was allegedly secured by a non-assumable mortgage of $137, 400.00. Id. at ¶ 4.

         Mr. Williams' estate allegedly filed a claim with AIG Colonial Penn. Id. at ¶ 5. In June of 2005, AIG Colonial Penn allegedly issued a check to the estate in the amount of $130, 797.59. Id. at ¶ 5. In June of 2006, AIG allegedly issued a check to the contractors rebuilding the Williams' house in the amount of $66, 783.00. Id. at ¶¶ 5-6.

         During the reconstruction of the house, Countrywide Home Loans allegedly called Ms. Williams and told her: “If you don't assume your father's mortgage, reconstruction would STOP.” Id. at ¶ 7. At that time, Countrywide Home Loans allegedly knew that the statement was false. Id. at ¶ 8. Ms. Williams allegedly relied on the statement and paid $100.00 as consideration to assume her father's mortgage. Id. at ¶ 9. Defendants allegedly knew but did not tell Ms. Williams that the mortgage was paid off. Id. at ¶ 9.

         Ms. Williams allegedly made mortgage payments for more than a year. Id. at ¶ 10. She then allegedly went to Webster Bank to refinance the home in the amount of $237, 000.00. Id. at ¶ 10. Bank of America, N.A. (aka Countrywide Bank, FSB) allegedly confirmed receipt of the payoff via confirmation letter stating “PAID IN FULL.” Id. at ¶ 11.

         On October 30, 2006, Ms. Williams was allegedly told that her new loan was transferred from Webster Bank to ...