Consumer cannot sue banks for fraud: pleadings lack sufficient particularity
Robert S. Zuk attempted to sue US Bank Home Mortgage and others, alleging fraud. Unfortunately for Zuk, fraud claims must be pleaded with great particularity, and in the context of the recent banking/mortgage boondoggle, even the banks don't know what actions they took, what liens they held, who owns title to properties and who has enforcement rights. Since many of the transactions were based on fudged records and included the conglomeration of thousands of debts into separate securities transactions, the banks have achieved fraud protection by their very mis-management. Zuk's case was dismissed by Michigan's Court of Appeals because he couldn't meet the high threshold of fraud pleading.