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Neutral Court Opinion May 06, 2026

Hussein v. Occupant of the Office of CEO and CFO of Bank of Am.

── Hussein v. Occupant of the Office of CEO and CFO of Bank of Am. ── Court: Court of Appeals for the Second Circuit Date: May 01, 2026 Category: General 25-2403-cv Hussein v. Occupant of the Office of CEO and CFO of Bank of Am. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 1st day of May, two thousand twenty-six. PRESENT: BARRINGTON D. PARKER, SARAH A. L. MERRIAM, Circuit Judges. 1 _____________________________________ Mothana Maher Hussein, Plaintiff-Appellant, v. 25-2403 1 Judge Raymond J. Lohier, Jr., who was originally assigned to the panel, is unable to participate in consideration of this matter. Pursuant to this Court’s Internal Operating Procedures, the appeal has been heard and decided by the remaining two judges of the panel. See 2d Cir. IOP E(b). Occupant of the Office of CEO and CFO of Bank of America, National Association, Defendant-Appellee. 2 _____________________________________ FOR PLAINTIFF-APPELLANT: MOTHANA MAHER HUSSEIN, pro se, Staten Island, NY. FOR DEFENDANT-APPELLEE: Natasha A. Burkett, Winston & Strawn LLP, Chicago, IL. Appeal from a judgment of the United States District Court for the Eastern District of New York (Rachel P. Kovner, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Mothana Maher Hussein, proceeding pro se, appeals from the September 30, 2025, judgment of the District Court dismissing his action against defendant “Occupant of the Office of CEO & CFO of Bank of America, National 2 The Clerk of Court is respectfully directed to amend the caption as reflected above. 2 Association,” Suppl. App’x at 5, which we refer to herein as the “Bank.” Hussein also appeals the District Court’s denial of his request for leave to file a second amended complaint. In the operative Amended Complaint, Hussein asserted various claims against the Bank in connection with an alleged assignment agreement in which Hussein “assigned all rights, titles, and interest in the payment of $2,047,257.41 from [a] Principal Trust Account” to the Bank, and a “Bill of Exchange” issued by Hussein, naming the Bank as “Account Trustee,” for that same amount. Suppl. App’x at 6. Hussein alleged that the Bank violated the Equal Credit Opportunity Act (“ECOA”), 15 U.S.C. §1691, et seq., and the Fair Debt Collection Practices Act, 15 U.S.C. §1692, et seq. The Bank moved, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the Amended Complaint. Hussein moved for leave to file a second amended complaint, newly alleging that the Bank failed to properly respond to his efforts to obtain a mortgage in violation of the ECOA and the Truth in Lending Act (“TILA”), 15 U.S.C. §1601, et seq. The District Court granted the Bank’s motion
CourtListener · May 01, 2026
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