Estate of Dorothy Davis v. Wellsfargo Bank and Litton Loan Servicing

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ARGUED NOVEMBER 5, 2010

Before EVANS, SYKES, and HAMILTON, Circuit Judges.

Dorothy Davis was the victim of a predatory mortgage loan in 1999. She sued the original lender and won a judgment that has not been collectable. In this lawsuit, Mrs. Davis (and now, after her death, her estate) sought damages from Wells Fargo Bank, which later bought her loan, and Litton Loan Servicing, which later took over the servicing of her loan. The lawsuit asserted claims for unconscionability and fraud under Illinois state law, as well as federal claims for violations of the Home Ownership and Equity Protection Act (“HOEPA,” 15 U.S.C. § 1639), and race discrimination under the Equal Credit Opportunity Act (“ECOA,” 15 U.S.C. § 1691(a)), and race discrimination under the Fair Housing Act (“FHA,” 42 U.S.C. § 3604(b)). The district court dismissed most claims under Rule 12(b)(6) as barred by applicable statutes of limitations and others on the merits, and granted summary judgment on the merits of one final claim. Mrs. Davis’s estate appeals the dismissal of these claims. We agree with the district court’s analysis of all but one claim. The exception is that we conclude that Mrs. Davis’s ECOA claim of race discrimination should not have been dismissed at the pleading stage. The error was harmless, however, because the defendants were entitled to sum-mary judgment on the merits of her claim of race discrimination. We affirm the judgment of the district court.

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