Richardson v. Wells Fargo Bank, N.A.
873 F. Supp. 2d 800
N.D. Tex.2012Background
- Deed of trust and note dated 12/21/2006 securing Grapevine, TX property; default by Sept 2009 with notices of acceleration.
- HAMP trial modification approved Dec 2009–Feb 2010; payments made but delinquency persisted; plan stated not a waiver.
- Forbearance plan offered Aug 4, 2010; plaintiff failed to sign; attempted to cure default but forebearance void if not signed.
- Foreclosure sale held Oct 5, 2010 to Freddie Mac after forbearance noncompliance; eviction proceedings followed.
- Wells Fargo offered a loan modification later; Freddie Mac evicted plaintiff May 22, 2012; court granted summary judgment dismissing all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract and anticipatory breach | Richardson claims Wells Fargo breached by actions/inactions. | Wells Fargo asserts plaintiff failed to perform and no waiver. | Claim dismissed for nonperformance; no breach established. |
| Wrongful foreclosure and eviction | Foreclosure invalid due to plan noncompliance by lender. | Foreclosure proper; plan language does not void sale. | Dismissed; foreclosure valid and eviction warranted. |
| Unreasonable collection efforts | Wells Fargo engaged in harassing collection. | No willful, malicious collection behavior proven. | No genuine dispute; claim fails. |
| Texas TDCPA violations | Violations through improper charges and misrepresentation. | No evidence of prohibited conduct; claims resolved against plaintiff. | No genuine issues; TDCPA claims dismissed. |
| Negligent misrepresentation | Promises of loan modification created reliance. | Promises of future conduct not actionable; no justifiable reliance proven. | Dismissed; misrepresentation claims fail. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burden and proof standard)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (material fact disputes; standard for summary judgment)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (court must deem in movant's favor when no genuine disputes)
- FDIC v. Coleman, 795 S.W.2d 706 (Tex. 1990) (duty of good faith not universal in contracts)
- Vogel v. Travelers Indem. Co., 966 S.W.2d 748 (Tex.App.-San Antonio 1998) (UCC does not govern deeds of trust on real property)