April 19, 2013 4th Circuit published opinion

Spaulding v Wells Fargo Bank, N.A.

Spaulding sought a mortgage adjustment. Wells Fargo requested additional information and, when the information was submitted late, denied the application. Spaulding then sued alleging state contract and torts claims. Wells Fargo removed the case to federal court and the district court dismissed the complaint for failure to state a claim. The panel affirmed. It held that the application for adjustment was rejected and there was no contract between Spaulding and Wells Fargo to adjust the mortgage. The panel also held that there was no duty on Well Fargo to grant the application nor was there anything false about the contents of the letters Wells Fargo sent explaining why the application was rejected. As Spaulding was unable to directly enforce the federal regulations governing the modification program, their complaint field to sate any claim and was properly dismissed.

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