Did the Court misapprehended the law and facts in affirming the District Court's decision to dismiss the fraud claims based on the failure to state a Claim?

QUESTIONS PRESENTED 1. Did the Court misapprehended the law and facts in affirming the District Court’s decision to dismiss the fraud claims based on the failure to state a Claim? More specifically the Court erred factually in finding that the appellant failed to (a) failed to allege materiality, damages, fraudulent intent and reliance? ( Answer: YES ) 2. Did the Court misapprehended the law that Rule 9(b) prohibits a property owner from _ asserting a claim for fraud if they are in default of the loan? ( Answer: YES ) 3. Did the Court misapprehended the law that filing a Proof of Claim and the submission of fraudulent documents by an attorney in a bankruptcy case does not form the basis for a Fair Debt Collection Practice Act? ( Answer: YES ) i