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BACKUS v. BANK OF AMERICA, N.A.

Case No. 2:12-cv-278.

896 F.Supp.2d 686 (2012)

Kevin BACKUS, et al., Plaintiffs, v. BANK OF AMERICA, N.A., Defendant.

United States District Court, S.D. Ohio, Eastern Division.

September 13, 2012.

Attorney(s) appearing for the Case

Joseph Michael Martinsek, Doucet and Associates LLC, Troy John Doucet, Columbus, OH, for Plaintiffs.

Rose Marie Fiore, McGlinchey Stafford PLLC, Cleveland, OH, for Defendant.

OPINION AND ORDER

GREGORY L. FROST, District Judge.

This matter is before the Court for consideration of a motion to dismiss filed by Defendant, Bank of America, N.A. (ECF No. 5); a memorandum in opposition filed by Plaintiffs, Kevin and Jill Backus (ECF No. 10); and a reply memorandum filed by Bank of America, N.A. (ECF No. 15). For the reasons that follow, this Court finds the motion well taken in part.

I. Background

According...

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