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May 2012

Gordon & Rees Obtains Dismissal in Real Estate Fraud Suit

In Faulkender v. Wells Fargo, the Commercial Litigation team of Kevin Alexander and George Acero prevailed on a motion to dismiss on behalf of their client, a financial services company. The plaintiff, a distressed homeowner, sued under state and federal law alleging numerous companies violated multiple disclosure laws during the closing of his real estate purchase, including the Home Ownership Equity Protection Act, the Real Estate Settlement Procedures Act, the Truth in Lending Act and the Fair Credit Reporting Act. He also claimed the companies violated the Racketeer Influenced and Corrupt Organizations Act when they allegedly conspired to commit fraud.

Gordon & Rees removed the case to federal court and filed a Rule 12(b)(6) motion to dismiss. While the motion was pending, the plaintiff filed for bankruptcy on two separate occasions, both of which were dismissed by the bankruptcy court. The district court found the plaintiff’s claims lacked merit and granted the motion to dismiss without leave to amend in favor of Gordon & Rees’s client.


 

Kevin W. Alexander



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