Judge Dismisses Suits By IndyMac Borrower

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A New York federal judge has dismissed lawsuits that accused IndyMac Bancorp Inc. of inflating the appraised values of homes and misleading borrowers into paying higher closing and financing costs.

The ruling was a victory for the Federal Deposit Insurance Corp., which seized Pasadena-based IndyMac’s mortgage lending operations in July and had asked for dismissal of the suit, which had sought class-action status.

U.S. District Judge John Koeltl of Manhattan in a ruling dated Monday dismissed claims against IndyMac and the FDIC for alleged violations of the federal Real Estate Settlement Procedures Act and the Truth in Lending Act. He also dismissed four state claims, including alleged violations of business law codes in California and New York and claims for breach of contract and unjust enrichment.

Plaintiff Virgen Cedeno had accused now bankrupt IndyMac of concealing the nature of its relationship with outside appraisers, saying she was misled about the equity in her home because of an inflated appraisal of her home’s value, according to Reuters. The judge said her state law claims were pre-empted by federal law.

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