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Koufos v. U.S. Bank, N.A.

United States District Court, D. Massachusetts

March 21, 2013

PETER H. KOUFOS, Plaintiff,
v.
U.S. BANK, N.A, as Trustee on Behalf of the Holders of the CFSB Mortgage Pass-Through Certificates Series 2005-CF1, SELECT PORTFOLIO SERVICING, INC., LENDER PROCESSING SERVICES, LENDER PROCESSING SERVICES DEFAULT SOLUTIONS, NEW CENTURY MORTGAGE CORP., and ABLITT & SCOFIELD, P.C., Defendants

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[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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For Peter H. Koufos, Plaintiff: Glenn F Russell, Jr., LEAD ATTORNEY, Law Office of Glenn F. Russell Jr., Fall River, MA.

For U.S. Bank National Association, as Trustee on Behalf of the Certification holders of the CSFB Mortgage Pass-Through Certificates, series 2005-CFI, Select Portfolio Servicing, Defendants: Peter Francis Carr, II, LEAD ATTORNEY, Eckert Seamans Cherin & Mellott, LLC, Boston, MA.

OPINION

Denise J. Casper, United States District Judge.

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MEMORANDUM AND ORDER

I. Introduction

Plaintiff Peter Koufos (" Koufos" ) has sued U.S. Bank National Association (" U.S. Bank" ), as Trustee on behalf of the holders of the CSFB Mortgage Pass-Through Certificates Series 2005-CF1 (" Trust" ), Select Portfolio Servicing, Inc. (" SPS" ), Lender Processing Services, LPS Default Solutions, New Century Mortgage Corporation (" New Century" ) and Ablitt & Scofield, P.C. (collectively, " Defendants" ) asserting claims that primarily relate to U.S. Bank's attempted foreclosure of Koufos's residence.

Koufos's amended verified complaint asserts claims against U.S. Bank for injunctive relief (" Count I" ), a declaratory judgment that U.S. Bank does not have standing to enforce the promissory note related to Koufos's mortgage (" Count II" ) and a declaratory judgment that U.S. Bank does not have standing to enforce Koufos's mortgage contract (" Count III" ). D. 10 at 37-43. Koufos asserts claims against U.S. Bank and SPS alleging violations of Mass. Gen. L. c. 93A (" Count IV" ), violation of the Massachusetts Consumer Credit Cost Disclosure Act (" MCCCDA" ), Mass. Gen. L. c. 140D (" Count VII" ) and intentional and negligent infliction of emotional distress (" Count VIII" ). D. 10 at 43-44, 46-48. Koufos asserts claims against all Defendants for civil conspiracy (" Count V" ) and unjust enrichment (" Count VI" ). D. 10 at 44-46.

U.S. Bank and SPS have moved to dismiss all claims pursuant to Fed.R.Civ.P. 12(b)(6), or to strike Koufos's amended verified complaint under Fed.R.Civ.P. 8 and 12(f) for failing " to comply with the short and plain pleading requirement." [1] Def. Mot., D. 14 at 1. For the reasons set forth below, U.S. Bank and SPS's joint motion to dismiss is GRANTED in part and DENIED in part and their motion to strike Koufos's complaint is DENIED.

II. Background

Unless otherwise noted, the following factual allegations are from Koufos's amended verified complaint, D. 10, that the Court accepts as true for the purposes of resolving U.S. Bank and SPS's joint motion to dismiss. Ocasio-Hernandez v. Fortuño-Burset, 640 F.3d 1, 12 (1st Cir. 2011).

A.Koufos Obtains a Mortgage Loan from New Century

Koufos resides at 19 Skyline Drive in Medway, Massachusetts (the " Property" ).

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¶ 1. On January 28, 2005, Koufos refinanced the mortgage loan on the Property with Defendant New Century. ¶ 7. Koufos executed a promissory note in the amount of $344,250 (" Koufos note" ) and granted New Century a mortgage in his Property (" Koufos mortgage" ). ¶ ¶ 7, 10. The Koufos mortgage was recorded ...


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