An 'inflammatory' opinion? Judge bars pre-emption defense absent a Wells Fargo resolution

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An ‘inflammatory’ opinion? Judge bars pre-emption defense absent a Wells Fargo resolution

An ‘inflammatory’ opinion? Judge bars pre-emption defense absent a Wells Fargo resolution

Thanks for the shout-out ABA-


ABA Journal-

A federal judge who agreed a homeowner’s predatory lending claim was pre-empted by federal law plans to take the case to a jury anyway—unless Wells Fargo submits a board resolution standing by the defense.

U.S. District Judge William Young of Massachusetts called his pre-emption ruling “technical” and told Wells Fargo to let him know—in the form of a corporate resolution—whether it wished to waive the defense in the case of homeowner Joseph Henning. The resolution should be submitted within 30 days, and should be signed by the bank’s president and a majority of its board, Young said in the Sept. 17 opinion (PDF posted by Stop Foreclosure Fraud).

If Young does not receive the resolution, he will consider the pre-emption defense to be waived.

[ABA JOURNAL]

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