Judge Eric Vitaliano
Under the court's April 9, 2013, order Bravo's claims against MERSCORP Holdings Inc. and Bank of America Corp. (BOA) under the Fair Debt Collection Practices Act (FDCPA) and Truth in Lending Act (TILA) were dismissed with prejudice. So too were Bravo's causes of action against MERSCORP and BOA—and codefendants BAC Home Loans Servicing LP (BAC Home Loans) and Bank of America NA (BANA)—asserting fraud, contract breach and violations of the Uniform Commercial Code and Real Estate Settlement Procedure Act. District court granted MERSCORP and its codefendants dismissal of the bulk of Bravo's amended complaint. Only Bravo's TILA claim against defendant Mortgage Electronic Registration Systems Inc. (MERS) survived. As nominee of the owner of Bravo's debt at the time BANA and/or BAC Home Loans allegedly violated 15 USC §1641(f)(2), MERS can be held liable. In deeming BANA and BAC Home Loans not liable under §1641(f)(2) the court—noting that Fannie Mae acquired Bravo's loan on Aug. 1, 2003, and held the loan until May 11, 2013—observed that the assignment of Bravo's mortgage to BANA on Oct. 3, 2011, did not support an inference that Fannie Mae did not own Bravo's loan.