· 5/29/2013
McDevitt v. Wells Fargo Bank, N.A.
Citations
- 946 F. Supp. 2d 160
- 2013 WL 2338366
- 2013 U.S. Dist. LEXIS 74893
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding creditor was not a “debt collector” where it acquired the mortgage when it was not in default
- finding that the FDCPA does not apply to creditors and also noting that “the Court has not found, any case in which a plaintiff was permitted to use an FDCPA violation as a predicate for a claim for wrongful foreclosure under District of Columbia law.”
- allegation that bank failed to apply mortgage payment in manner directed by plaintiff “merely restates his breach of contract claim, and does not give rise to a separate claim for negligence”
- “Because the parties agree that Wells Fargo acquired McDevitt’s debt in 2009 as part of a merger with Wachovia Mortgage . . . Wells Fargo indisputably is a creditor, not a ‘debt collector.’”
- “Because the parties agree that Wells Fargo acquired McDevitt’s debt in 2009 as part of a merger with Wachovia Mortgage . . . Wells Fargo indisputably is a creditor, not a ‘debt collector.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Gladys Kessler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.