George v. Urban Settlement Services, No. 14-1427 (10th Cir. 2016)Annotate this Case
Richard George, Steven Leavitt, Sandra Leavitt, and Darrell Dalton appealed the district court’s dismissal of their putative class action against Urban Settlement Services, d/b/a Urban Lending Solutions (Urban) and Bank of America, N.A. (BOA). Plaintiffs asserted a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO) against BOA and Urban. Plaintiffs also brought a promissory estoppel claim against BOA. Both claims arose from the defendants’ allegedly fraudulent administration of the Home Affordable Modification Program (HAMP). The district court granted the defendants’ Fed. R. Civ. P. 12(b)(6) motions to dismiss both claims, denied the plaintiffs’ request for leave to amend their first amended complaint, and dismissed the case. After review, the Tenth Circuit concluded that plaintiffs’ first amended complaint stated a facially plausible RICO claim against BOA and Urban and a facially plausible promissory estoppel claim against BOA. As such, the Court reversed and remanded for further proceedings. This reversal mooted plaintiffs’ challenge to the district court’s denial of their request to further amend the complaint.