Local officials sue Bank of America and lose - KCBD NewsChannel 11 Lubbock

Local officials sue Bank of America and lose

LUBBOCK, TX (KCBD) -

Lubbock County Justice of the Peace Aurora Hernandez and her husband City Councilman Victor Hernandez sued a multinational corporation and lost.  A federal judge ruled in favor of Bank of America and against the Hernandez family on Tuesday.

Back in April, Mr. Hernandez sued on behalf of his wife in State District Court, asking a judge to stop the foreclosure of the Hernandez family home.  Bank of America had the lawsuit removed from state to federal court.

The lawsuit said if not stopped, Bank of America would take "arbitrary and capricious action to sell the Plaintiff's property"   It also said Mrs. Hernandez should be "afforded a full hearing in compliance with the due process requirements of the Constitutions of the United States of America and the State of Texas..."

U.S. District Court Judge Sam Cummings disagreed.  "… Because Defendants [Bank of America] are not state actors against whom due process requirements apply, Plaintiff is afforded no protection under the United States and Texas Constitutions.  As such, Plaintiff has failed to state a claim upon which relief can be granted…"

The ruling prevents the Hernandez family from filing the same lawsuit again in state court.  Mrs. Hernandez has 30 days from the ruling to appeal.

Neither Judge Hernandez nor Councilman Hernandez have yet returned calls for comment.

Copyright 2011 KCBD NewsChannel 11. All rights reserved.

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