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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : : ...o0o... MEMORANDUM

HORACIO CAMPBELL, v. INDYMAC BANK, FSB, et. al.

Civil Action No. CCB-09-3182

Now pending before the court is defendants' motion to dismiss. Plaintiff Horacio Campbell has sued IndyMac Bank, FSB ("IndyMac Bank")1, IndyMac Mortgage Services, and OneWest Bank, FSB ("OneWest Bank") (collectively "defendants"), alleging breach of contract and intentional misrepresentation. Despite being represented by counsel, Mr. Campbell has not responded to the defendants' motion to dismiss. For the reasons stated below, the defendants' motion to dismiss will be granted.

BACKGROUND Mr. Campbell refinanced his home with Mason Dixon Funding, Inc. on June 24, 2005, in a loan amount of approximately $344,000. The monthly payment was initially $2,010.28 and increased to $2,067.86 in January 2006. The interest rate on the loan was fixed for 10 years at
The Office of Thrift Supervision of the Federal Deposit Insurance Corporation ("FDIC") closed IndyMac Bank and placed it into FDIC receivership on July 11, 2008. See FDIC, Information for IndyMac Bank, F.S.B., and IndyMac Federal Bank, F.S.B., Pasadena, CA, http://www.fdic.gov/bank/individual/failed/IndyMac.html (last visited Jan. 28, 2010). Claims against IndyMac Bank are therefore governed by the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), 12 U.S.C.

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Maryland Law