Judge Adopts Recommendation To Deny Lender’s Motion To Dismiss Class Action

Mealey's (September 3, 2019, 1:25 PM EDT) -- NEW YORK — A federal judge in New York on Aug. 20 adopted a magistrate judge’s recommendation to deny Wells Fargo Bank N.A.’s motion to dismiss a class action suit accusing the lender of misrepresenting how it applies funds from buydown deposits after overruling the bank’s objections that the magistrate judge erred in finding that the plaintiff sufficiently stated claims for breach of contract and violations of the Truth in Lending Act (TILA) and New York’s consumer protection law (Alejandro Carillo, et al. v. Wells Fargo Bank N.A., No. 18-CV-3095, E.D. N.Y., 2019 U.S. Dist. LEXIS 141227)....