IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
EASTERN DIVISION
__________________________________________
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CHARLIE P. CARDOSO and
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MARIA C. CARDOSO,
)
)
Plaintiff,
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C.A. No. 1:10 CV 10075-RGS
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v.
)
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BANK OF AMERICA
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and JOHN DOES 1-5,
)
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Defendants.
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__________________________________________)
FIRST AMENDED COMPLAINT
INTRODUCTION
1.
Mr. and Mrs. Cardoso, a Massachusetts couple with a second home in Spring Hill,
Florida which they owned free and clear of any mortgage, and despite never having had a
mortgage with Countrywide or Bank of America on their Florida home, learned on January 5,
2010 that their home had been foreclosed on by Bank of America. Despite the homeowners and
others telling Bank of America that it was foreclosing on the wrong house, Bank of America
foreclosed anyway, intimidating the Cardoso’s tenant into leaving the house, then seizing the
house, changing all the locks and “trashing out” the house by throwing out the Cardoso’s
personal possessions that were stored in the house and garage. To remedy the damage caused by
the Defendants, Mr. and Mrs. Cardoso bring the following claims: 1) trespass; 2) conversion; 3)
negligence; 4) the intentional infliction of emotional distress; 4) the negligent infliction of
emotional distress 5) interference with contractual relations; 6) defamation 7) libel; 8) invasion
of privacy; 9) violations of the Massachusetts civil rights act and 10) unfair and deceptive acts
Case 1:10-cv-10075-RGS Document 5 Filed 02/10/2010 Page 1 of 32
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and practices in violation of state consumer protection statutes.
PARTIES
2.
The Plaintiffs, Charlie and Maria Cardoso are husband and wife who reside in
Massachusetts at 255 Heritage Drive, New Bedford, MA and own a second home at 9168
Geneva Street, Spring Hill, Florida.
3.
The defendant Bank of America (“BOA”) is a corporation headquartered at Bank
of America Corporate Center, 100 North Tryon Street, Charlotte, North Carolina 28255.
4.
Defendants John Does 1-5 are the yet identified