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
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}