Bank of America Corp. and its Countrywide Home Loans unit are accused of fraud and racketeering in a lawsuit filed by a Marion County resident claiming that perjured affidavits were used to foreclose on her home.
The complaint, filed March 17, is similar to a suit filed in October, which a federal court judge dismissed due to a lack of jurisdiction.
Plaintiffs’ lawyers in the federal case re-filed the suit in Marion Superior Court.
“The battle is now being waged in state court,” said Richard Shevitz, a lawyer at Indianapolis law firm Cohen & Malad LLP.
Shevitz and partner Irwin Levin, who has a national reputation for representing individuals in class-action lawsuits, are representing Judy Canada.
Canada accuses the lenders of using “robo-signers,” people who sign affidavits attesting to facts underlying foreclosures without actual knowledge of those facts, to push through paperwork to take her home in Marion County.
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