Bittinger v. Wells Fargo Bank, N.A. 744 F. Supp. 2d 619 (S.D. Tex. 2010)
Oct 08, 2010OUTCOME: Claims dismissed with prejudice
Decision granted 12(b)(6) motion by dismissing with prejudice 7 out of 10 claims against Wells Fargo including: breach of contract, breach of fiduciary duty, usury, violation of federal debt collection ... practices act, violation of fair credit reporting act, violation of truth in lending act, and wrongful foreclosure. Court held that a deed of trust is incident to the note.
