Bank of America files Motion to Dismiss of Florida Civil Lawsuit that Alleges Fraud, RESPA and RICO Violations

FOR IMMEDIATE RELEASE
Palm Bay, Florida, United States of America (Free-Press-Release.com) April 5, 2011 --

Bank of America's counsel files a Motion to Dismiss the Florida Couple's Second Amended Pleading stating that the complaint lacks viable claims or allegations and is meritless. Bank of America further claims that the Plaintiff's pleading must do more than state legal conclusions and that they are required to some specific factual basis for those conclusions or face dismissal of their claims. Bank of America further alleges that the Plaintiffs fail to allege damages or a claim for breach of contract. Bank of America further alleges that Fair Debt Collection Practices Act is Inapplicable and that the pleading fails to state a cause of action under the RICO Statute. Mr. Echeverria and Mrs. Santamaria do not have counsel and are representing themselves (pro se). They state that they have tried to the best of their limited legal knowledge to comply and include as much facts as possible to support their claim.

The couple state: "We do not believe that a federal judge will dismiss our case with all the evidence submitted that confirms our allegations. We have a lot more evidence (exhibits) to submit and we are also pro se litigants. Pro Se litigants are supposed to be treated fairly and given the opportunity to be heard in a court of law and not be abused by the justice system. If by any chance our case is dismissed "with" prejudice, we will have no other choice than to have the court investigated and appeal or take it to the Supreme Court. We are not going to give up. If we have to file another lawsuit with other counts that we did not include in our original lawsuit, then so be it. This time, we will request a jury and not be persuaded to not have one. We are not going to let Bank of America win again and continue to abuse us and other distressed homeowners with their illegal practices. As taxpaying Americans, we will exercise our First Amendment Right of Freedom of Speech to the fullest."

Even though the Florida couple does not believe that their case will be dismissed, they are extremely overwhelmed with all that is legally expected of them. They plan to file lawsuit after lawsuit until their case is heard in court. The couple also created a website for all the homeowners that have been allegedly abused by Bank of America www.bankofamericastinks.vpweb.com. Due to Mrs. Santamaria's health, she finds that expressing herself in writing against the banking giant is helping her cope with all her frustration. She also alleges that she finds it difficult to be physically and emotionally active against Bank of America by protesting like USUNCUT does but admires their spirit. The lawsuit was filed in the US District Court in The Middle District of Florida, Orlando Division. The case number is: 6:10-CV-01933-JA-DAB. The couple is awaiting the judge's response to Bank of America's Motion to Dismiss and will provide an update.

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