PHOENIX (Tuesday March 22, 2011) -- Attorney General Tom Horne announced that the U.S. Federal District Court Judge Frederick J. Martone, ruled on the first significant motion in the Bank of America case. Judge Martone granted the State of Arizona’s motion to return the case to state court. In January, Bank of America had removed the case to federal court on a variety of grounds, all of which were rejected by Judge Martone.
Horne stated: “I am gratified that the court agreed with our argument that our claims that Bank of America violated state law should be heard in state court. State court often can proceed much more quickly than federal court. Homeowners who have suffered from practices that may violate the Arizona Consumer Fraud Act need timely relief, and unnecessary delays can be damaging to them."
The case will now be returned to Arizona Superior Court in Maricopa Country, where discovery will begin.