Carlos Miranda v. Wells Fargo Bank, N.A., No. 12-1054 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1054 CARLOS MIRANDA, Plaintiff - Appellant, v. WELLS FARGO BANK, N.A., Defendant Appellee, and WACHOVIA BANK, N.A., Defendant, ----------------------------------------------AMERICAN BANKERS ASSOCIATION; CONSUMER BANKERS ASSOCIATION; CONSUMER MORTGAGE COALITION, Amici Supporting Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:11-cv-00667-GBL-JFA) Submitted: October 30, 2012 Decided: Before DUNCAN, DAVIS, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. December 10, 2012 Ivan Yacub, YACUB LAW OFFICES, Falls Church, Virginia, for Appellant. Mary C. Zinsner, Billy B. Ruhling, II, S. Mohsin Reza, TROUTMAN SANDERS LLP, McLean, Virginia, for Appellee. Jeffrey P. Naimon, Kirk D. Jensen, Michael R. Williams, BUCKLEYSANDLER LLP, Washington, D.C., for Amici Curiae. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Carlos Miranda appeals from the district court s order dismissing his civil action alleging violations of the Truth in Lending Act ( TILA ). complaint was The district court determined that the time-barred and that Miranda failed to allege tender of the net loan proceeds and therefore failed to state a claim for rescission. reversible Residential error. We have reviewed the record and find no While Funding, LLC, our recent 678 F.3d decision 271 in (4th Gilbert Cir. v. 2012), overturns the district court s dismissal of the complaint as time-barred, we affirm on the basis that Miranda failed to state a claim for rescission by failing to allege tender of the net loan proceeds. Miranda v. Wells Fargo Bank, N.A., No. 1:11-cv- 00667-GBL-JFA (E.D. Va. filed Dec. 12, 2011; entered Dec. 14, 2011). legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 3
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