Lucia

Lucia v. Wells Fargo Bank, N.A.

Bad Law

798 F. Supp. 2d 1059·2011 WL 3134422·2011 U.S. Dist. LEXIS 73497

United States District Court, Northern District of CaliforniaApril 22, 2011C 10-04749 JSW, C 10-05073 JSWCalifornia5,949 words

Opinion

White, J.

ORDER GRANTING WELLS FARGO’S MOTIONS TO DISMISS IN RELATED CASES

Now before the Court are the motions to dismiss filed by Defendant Wells Fargo Bank, N.A. d/b/a Wells Fargo Home Mortgage (“Wells Fargo”). Having considered the parties’ papers, the relevant legal authority, and the record in this case, the Court GRANTS Wells Fargo’s motions to dismiss in both related cases without leave to amend.

BACKGROUND

A. The Home Affordable Modification Program.

In the midst of the financial crisis of 2008, Congress enacted the Emergency Economic Stabilization Act. In an effort to mitigate the financial impact of the foreclosure crisis and preserve home ownership, the central piece of that legislation was the Trouble Asset Relief Program (“TARP”), through which the Secretary of the Department of Treasury was delegated the board power to “implement a plan that seeks to maximize assistance for homeowners and ... encourage the servicers of the underlying mortgages ... to take advantage of ... other available programs to minimize foreclosures.” 12 U.S.C. § 5219 (a).

Acting under this authority, the Secretary of the Treasury announced the “Making Home Affordable Program” which included the…

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