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KAYMARK v. BANK OF AMERICA, N.A.

No. 14-1816.

783 F.3d 168 (2015)

Dale KAYMARK, individually and on behalf of other similarly situated current and former homeowners in Pennsylvania, Appellant v. BANK OF AMERICA, N.A.; Udren Law Offices, P.C.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 7, 2015.

Attorney(s) appearing for the Case

Jonathan R. Burns, Esq.,   Michael P. Malakoff, Esq., Argued, Malakoff, Doyle & Finberg, Pittsburgh, PA, for Appellant Dale Kaymark.

Thomas L. Allen, Esq., Argued, Nellie E. Hestin, Esq., Reed Smith, Pittsburgh, PA, Marc A. Goldich, Esq.,   Andrew J. Soven, Esq., Reed Smith, Philadelphia, PA, for Appellee Bank of America, N.A.

Jonathan J. Bart, Esq., Argued, Wilentz, Goldman & Spitzer, Philadelphia, PA, for Appellee Udren Law Offices, P.C.

Before: FUENTES, FISHER and KRAUSE, Circuit Judges.

OPINION OF THE COURT

Dale Kaymark defaulted on a mortgage held by Bank of America, N.A. ("BOA"). On behalf of BOA, Udren Law Offices, P.C. ("Udren") initiated foreclosure proceedings against Kaymark in state court. The body of the Foreclosure Complaint listed certain not-yet-incurred fees as due and owing, which...

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