Dennis T. Comer v. Wells Fargo Bank, N.A.

Summary

The District of Columbia Court of Appeals reviewed the dismissal of claims arising from Wells Fargo’s administration and foreclosure of a 203(k) rehabilitation mortgage. The court held that the amended Consumer Protection Procedures Act and negligent misrepresentation claims related back to the original complaint, while the Fair Housing Act claim did not. It affirmed dismissal of the FHA and wrongful foreclosure claims and remanded for further proceedings on the CPPA and negligent misrepresentation claims.

Holdings

1. The amended CPPA claim relates back to the original complaint because it expanded and amplified allegations concerning the same Wells Fargo 203(k) loan transaction and conduct, rather than introducing a claim based on a different transaction.
2. The amended negligent misrepresentation claim relates back to the original complaint because it repeated the original claim and merely incorporated additional factual allegations concerning the same loan transaction.
3. The FHA claim does not relate back and was properly dismissed as time-barred.
4. Comer failed to state a wrongful foreclosure claim because he did not plead sufficient facts showing that the balance in the foreclosure notice was inaccurate or that he suffered harm from the alleged inaccuracy.

Questions Presented

1. Whether the amended CPPA and negligent misrepresentation claims related back to the original complaint under Super. Ct. Civ. R. 15(c)(2).
2. Whether the newly added Fair Housing Act claim related back to the original complaint or was time-barred.
3. Whether Comer adequately pleaded a wrongful foreclosure claim based on the alleged inaccurate balance in the foreclosure notice.

Disposition

reversed_and_remanded