01/25/2013 02:21:46 PM EST
8th Circuit Upholds Dismissal Of Couple's Suit Against Home Loan Servicer
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LexisNexis® Mealey's™ Mortgage Lending Legal News
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Jan. 15 affirmed the dismissal of a couple's lawsuit against Wells Fargo Home Mortgage Inc. over alleged misrepresentations the loan servicer made about a possible loan modification, after refusing to accept the plaintiffs' invitation to relax the heightened pleading standard of Federal Rule of Civil Procedure 9(b) (Christopher Freitas, et al. v. Wells Fargo Home Mortgage Inc., d/b/a America Servicing Company, No. 11-3751, 8th Cir.; 2013 U.S. App. LEXIS 921).
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