Hakki Hayrioglu v. Metropolitan National Bank Mortgage Company LLC, et al., 794 F. Supp. 2d 405
In this action, the plaintiff/borrower, Hakki Hayrioglu (“Plaintiff”), filed a lawsuit against, among other parties, the lender, Metropolitan National Bank Mortgage Company LLC (“Metropolitan”), claiming that Metropolitan inflated the Plaintiff’s income on the loan application so that the Plaintiff would qualify for a loan which he could not afford and then Metropolitan sold the loan once it closed. According to the Plaintiff, Metropolitan violated the Credit Repair Organization Act, committed common law fraud and violated the New York Deceptive Practice Act, NYGBL Section 349. MH&H represented Metropolitan and immediately filed a Motion of Dismiss the Plaintiff’s Complaint, pursuant to Rule 12 (b)(6) of the Federal Rules of Civil Procedure, which was granted with prejudice by Judge Spatt of the Eastern District of New York in a 21 page decision.