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21 Mar, 2007 3:18 am by John C. Schropp
... joint owner of the real property located at 5015 Cumberland Street, Capitol Heights, Maryland (the "Property"). Wells Fargo Bank, N.A. ("Wells Fargo") is a secured creditor by virtue of a promissory note, repayment of which is secured by a deed ... even though the automatic stay did not arise as to the Debtor pursuant to Section 362(c)(4)(A)(i). Wells Fargo argued that the "vitality of the codebtor stay is at the mercy of the status of the automatic stay." The Court held that the terms of Section ...
Maryland Courts Watcher - http://marylandcourts.blogspot.com/index.html
1 Mar, 2008 3:46 am by Rachel Lynn Foley
Appeals - Interlocutory appeal from order dismissing debtor's adversary complaint as to three of eight defendants would be denied. Leave to file an interlocutory appeal from a bankruptcy court order dismissing the debtor's adversary complaint, which asserted claims under the Truth in Lending Act (TILA), as to three of eight named defendants, would be denied, a federal district court in Florida has determined. It was undisputed that the issue on appeal, which involved whether a debtor who enters ...
Bankruptcy Case Law - http://bankruptcycaselaw.blogspot.com/
29 Jan, 2008 6:00 am by Kimberly A. Kralowec
In Wells Fargo Bank v. Superior Court, ___ Cal.App.4th ___ (Jan. 25, 2008), the Court of Appeal (First Appellate District, Division One) held ... Ed.2d 92, ___, 126 S.Ct. 2145, 2155].) Id. at 3 n.2. The opinion goes on: SLUSA provides in relevant part: "Limitations on remedies [] (1) ... omissions are couched in terms of a fiduciary duty or claims of fraud, they are, in essence, claims that the Bank misrepresented or omitted key information about the securities transactions in which they were involved, ...
Tags: CLRA
The UCL Practitioner - http://www.uclpractitioner.com/
18 Apr, 2008 9:01 pm by Mina N. Sirkin
... risk and financial leverage and oversight risk. Institutional-Grade Investment and Banking Process Designed Around Family Needs Ultra-high-net-worth families have ... (NYSE:WFC) is a diversified financial services company with $575 billion in assets, providing banking, insurance, investments, mortgage and consumer finance through almost 6,000 stores and the internet (wellsfargo.com) across North America and internationally. Wells Fargo Bank, N.A. is the only bank in the U.S., and one of only two ...
Law Firm Marketing & Management Systems - http://lawmarketingsystems.typepad.com/my_weblog/
10 Jan, 2008 2:22 pm by Banking LawProf
Here's a novel approach: The Mayor and City Council of Baltimore filed suit in the U.S. District Court for the District of Maryland, Baltimore Division, against Wells Fargo Bank, N.A. and Wells Fargo Financial Leasing, Inc., claiming that "reverse redlining"...
Banking Law Prof Blog - http://lawprofessors.typepad.com/banking/
3 Mar, 2008 6:00 am by Kimberly A. Kralowec
... opposing papers except that to which objections have been sustained. (Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1472.) "Generally, if ... either 365 or 366 days." (See also Fletcher v. Security Pacific National Bank (1979) 23 Cal.3d 442, 448.) The UCL does not proscribe ... , untrue or misleading advertising." (§ 17200.) The UCL "governs 'anti-competitive business practices' as well as injuries to consumers, and has as a major purpose 'the preservation of fair business competition.' ...
Tags: prong, Fraudulent, UCL
The UCL Practitioner - http://www.uclpractitioner.com/
19 Dec, 2008 9:19 pm
... the documents. In 2006, Ronnie sued Wells Fargo. She claimed that when she was under duress while caring for her ailing husband, the bank pressured her into selling nearly 75,000 stock shares at $24.71. She says Keleshian told her that if she ... stock sale). Wells Fargo wants to resolve the dispute through arbitration. Related Web Resources: C.A. Orders Hearing on Claim Bank Defrauded Drug Chain Founder, MetNews.com, November 26, 2008 Brown v. Wells Fargo Bank N.A., Cal. Ct. App., No. B196258 (PDF)
Stock Broker Fraud Blog - http://www.stockbrokerfraudblog.com/
8 Oct 2:21 pm by Michael C. Smith
Clower v. Wells Fargo Bank, N.A., --- F.R.D. ----, 2009 WL 901486(E.D.Tex. Mar. 30, 2009) (NO. 2:07-CV ... : Motion for Class Certification GRANTED Plaintiffs as beneficiaries of irrevocable or testamentary trusts sued Wells Fargo, as successor administrator of trusts, alleging that it was acting without authority in administering trusts, ... actual damages for trustee fees, commissions and other charges collected by Wells Fargo during its administration of these trusts. Judge Ward's order goes through ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
15 Nov, 2008 8:06 pm by Peter
... has overstepped it's authority by stepping into the domain occupied by congressional tax writers. Artificial Competitive Advantage - Banks will have a competitive advantage and will be able to grow more rapidly at the expense of taxpayers. Cost to Federal Taxpayers - ... Wells Fargo will be the single biggest beneficiary because of it's recent purchase of Wachovia Bank. It is estimated that Wells Fargo will get a federal tax cut of $19 billion dollars as a result of the rule. In a letter to Treasury ...
The Tax Lawyer's Blog - http://blog.pappastax.com
14 Apr, 2008 5:16 am by Michael J. Hassen
... Wells Fargo Home Mortgage, Inc., ___ Cal.App.4th ___, 72 Cal.Rptr.3d 903, 906 (Cal.App. 2008). The class action complaint ... loan only seven months later, but, that "[i]n determining the amount of interest owed to retire the obligation, Wells Fargo treated February, as it did for each of the previous full ... Id., at 912. Because the interest calculation could benefit either the bank or its customers, the court held that "Wells Fargo's practice was not immoral, unethical, oppressive or unscrupulous, ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
6 Oct, 2008 4:05 pm
... second paragraph of the Letter Agreement; (iii) making public representations about the invalidity of the Wachovia/Wells Fargo merger agreement." If the TRO sticks, that means that Citigroup won't ... litigation involving the same matters to go forward in other states. One is Wachovia Bank, N.A. v Harbinger Capital Partners Master Fund I, Ltd., 2008 NCBC ... Trust Company Americas, 2006 NCBC 8 (N.C. Super. Ct. June 2, 2006). Wachovia's lawyers (the same lawyers representing the Plaintiffs in the North ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
28 Oct, 2008 6:41 pm
... : Plaintiff's application to this Court is based on the unsubstantiated and illogical notion that Wachovia has alternatives to the Wells Fargo merger and that somehow shareholders are being prevented from taking advantage of these supposedly superior opportunities. This ... "lucrative 'golden parachutes'" for Wachovia's executive team and for them to retain employment with the merged bank. Wachovia responded that the only management employee who voted to approve the merger is Robert Steel, who has ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
18 Nov, 2008 2:04 am
... that if the Board hadn't voted to approve the Merger, "it was likely . . . that Wachovia would not be able to fund normal banking activities and thus would again face the very real prospect of FDIC receivership." Young Aff. ¶9. ... "informed" by an unidentified person that someone, also unidentified, acting on behalf of Wachovia had engaged in this sharp negotiation with Wells Fargo). Wachovia relied on a Delaware Chancery opinion from 1999, In re IXC Communications, Inc. Shareholders Litig., 1999 ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
8 Dec, 2008 2:12 pm
... Stabilization Act, the federal umbrella legislation that authorizes and administers more than $700 billion in rescue funds for banks and investment companies with losses related to subprime loans, because the Wachovia directors and Wells Fargo improperly used the fiscal crisis as an excuse to ... (Ehrenhaus v. Baker et al., No. 2008 NCBC 19, 2008 WL 4928824 order issued (N.C. Super. Ct. Nov. 3, 2008)), the judge agreed to put the Wachovia Action on track for an ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
3 Feb 4:30 am
... -cv-6298, 2008 WL 5046286 (C.D. Cal. Nov. 24, 2008) A national bank can be a citizen of two states for CAFA diversity purposes when its principal place of business and the ... D. Iowa 2006)). [Note: Pursuant to 28 U.S.C. § 1348, "All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the ... Wells Fargo's principal place of business did not determine its citizenship. See Wells Fargo Bank, N.A. v. WMR e-Pin, LLC, 08-5472, 2008 WL 5429134 ...
Tags: Summaries, Case
Class Action Fairness Act Blog - http://www.cafalawblog.com/
23 Jul 5:30 am
Wells Fargo Bank, N.A. v. WMR e-Pin, LLC, 08-5472, 2008 WL 5429134 (D. Minn. Dec. 29, 2008) If you are ... not to rule on whether "located" under § 1348 should be construed to give National Banks the citizenship of only one state (the state where their main office is located in accordance ... certificate) or dual citizenship from their principal place of business and the state listed on the bank's organizational certificate. However, the Court noted that this distinction would be of scant significance ...
Class Action Fairness Act Blog - http://www.cafalawblog.com/
30 Jan, 2008 4:17 am by Michael J. Hassen
... Complaint Plaintiff filed a putative class action in California state court against Bank of America alleging violations of California's Unfair Competition Law (UCL) and ... were "preempted by regulations promulgated by the Office of the Comptroller of the Currency ('OCC') pursuant to the National Bank Act ('NBA')." Id., at 1109. Because the district court found that the claims were ... presumption against preemption does not apply. Id. (citing also Wells Fargo Bank N.A. v. Boutris, 419 F.3d 949, 957 (9th ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
10 Oct, 2008 12:58 pm by Marta Kowalczyk
... market, the long term effects of these acquisitions may be harmful. As financial institutions, like JPMorgan, Wells Fargo, and Bank of America become larger and monopolize the ... ARMs are a type of subprime mortgage loans. See Pittman, supra note 1, n. 7 (2008) ("An ARM is a loan with an interest rate that will readjust after a specific period ... 's Merger with Wachovia to Proceed as Whole Company Transaction with all of Wachovia's Banking Operations (Oct. 9, 2008). [16] Steverman, supra note 9. [17] ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
18 Nov, 2008 8:16 pm
... Corporation agreed to issue 600,000 of Bank of America's Fixed Rate Cumulative Perpetual Preferred Stock, Series N; and a warrant to purchase 73,075 ... Department received a ten-year warrant to purchase 110,261,688 shares of Wells Fargo & Company common stock at an initial per share exercise price ... may be more willing to behave under Democratic Party leadership--but the point is still well taken. The point is nicely refined in the letter delivered to the the financial governance tsarevitches under ...
Tags: Corporate
Law at the End of the Day - http://lcbackerblog.blogspot.com
6 Oct 4:06 pm by chucknewton
... making each subject to a fee. Now, it has been reported by Law.Com that Wachovia, Bank of America, and Citibank have been sued over "bad-faith" overdraft ... Federal Reserve is considering new rules, and Representative Carolyn Maloney (D-N.Y.) introduced a bill in March that calls for consumers to be alerted every time a debit ... expected to introduce similar legislation. Only because of this, banks such as Bank of America, JPMorgan Chase and Wells Fargo announced changes to their overdraft programs. One ...
StayViolation.Com - http://www.stayviolation.com/
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