Freitas, et al v. Wells Fargo Home Mortgage, Inc., No. 11-3751 (8th Cir. 2013)
Annotate this CasePlaintiffs sued Wells Fargo for fraudulent misrepresentation and promissory estoppel after Wells Fargo initiated foreclosure when plaintiffs stopped paying on their mortgage loan. The court held that plaintiffs have not stated a plausible claim for fraudulent misrepresentation regarding the modification of their home loan and therefore, the district court did not err in dismissing plaintiffs' claims under Rules 12(b)(6) and 9(b). The court also held that plaintiffs have not stated a plausible claim for promissory estoppel and the district court did not err in dismissing their claim.
Court Description: Civil case - Consumer law. Accepting as true all factual allegations in the complaint and drawing all reasonable inferences in plaintiffs' favor, they failed to state plausible claims of fraudulent misrepresentation and promissory estoppel, and the district court did not err in dismissing the suit.
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