Paul V. Cannon v. Bank of America, National Association, et al.
JusticiabilityDoctri
Whether the district court properly dismissed the complaint for failure to state a claim
QUESTIONS PRESENTED 1. Taking the allegations in Mr. Cannon’s Complaint as true, did the District Court properly dismiss the Complaint for failure to state a claim ‘upon which relief may be granted? 2. If a borrower's loan has been securitized, does he no longer have the right to full disclosure regarding who receives his mortgage payments, in what amounts, and under what terms? 3. If, because of securitization, a borrower's mortgage payments are used in ways which are foreign to the terms stated in the loan documents he executed, are those receiving his money unjustly enriched? 4. Does a borrower remain obligated to the terms and conditions stated in the loan documents if the “lender” and/or its successor(s) breached the obligations on the lender side? (ii)