In an unpublished decision issued by the Honorable Renee Marie Bumb of the United States District Court for the District of New Jersey, the court held that New Jersey’s entire controversy doctrine precluded the borrowers’ action against the lender and its servicer for their alleged improper business practices arising out of an alleged overcharge of the debt pay-off amount. The action against the lender and servicer was instituted after the lender’s foreclosure action had concluded. In a victory for mortgage lenders and servicers, the court found that such claims were barred because they should and could have been raised in the earlier foreclosure action. Napoli v. HSBC Mortg. Servs., No. 12-CV-222, 2012 U.S. Dist. LEXIS 121204 (D.N.J. Aug. 27, 2012).
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