Tag: Pleadings

4th Circuit: Haylett v. Wells Fargo Bank, N.A.- No Private Right of Action for HAMP Denial

Summary:

After falling delinquent on their mortgage payments to Wells Fargo in early 2010, the Hayletts sought a HAMP modification. After being supplied with initial documentation, Wells Fargo requested further information from the Hayletts on March 1, 2010, allowing ten days to respond. The Hayletts provided the requested documents on March 22, 2010, but Wells Fargo denied the request and proceeded to foreclosure. The Hayletts brought suit alleging breach of implied-in-fact contract, negligence, violations of the Maryland Consumer Protection Act (“MCPA”), negligent misrepresentation, and common law fraud. All causes of action were dismissed by the district court which held that absent a Trial Period Plan (“TPP”) there was no privity of contract on which such claims could be based.… Read More

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Bankr. WDNC: Wells Fargo v. Stonebridge- Iqbal/Twombley Pleading of Claims Removed to Bankruptcy Court

Summary:

Answer a Complaint filed by Wells Fargo in North Carolina Superior Court, Stonebridge asserted several counterclaims.  When Stonebridge later filed Chapter 11,   the state court action was removed to bankruptcy court.  Following the heightened pleading standards of Iqbal/Twombley,  Wells Fargo sought dismissal of the counterclaims under Rule 12(b)(6) for failing to state claims for relief that were facially plausible.  Stonebridge   argued that the more permissive North Carolina pleading standards should apply, as the case originated in state court.  The Bankruptcy Court rejected this holding the Federal Rules “govern procedural law and North Carolina ‘pleading requirements, so far as they are concerned with the degree of detail to be alleged, are irrelevant in federal court even as to claims arising under state law.’ ” See Jackson v.… Read More

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