Carlos Miranda v. Wells Fargo Bank, N.A.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-00667-GBL-JFA Copies to all parties and the district court/agency. [998998354].. [12-1054]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1054

CARLOS MIRANDA,
Plaintiff - Appellant,
v.
WELLS FARGO BANK, N.A.,
Defendant – Appellee,
and
WACHOVIA BANK, N.A.,
Defendant,
----------------------------------------------AMERICAN BANKERS ASSOCIATION; CONSUMER BANKERS ASSOCIATION;
CONSUMER MORTGAGE COALITION,
Amici Supporting Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:11-cv-00667-GBL-JFA)

Submitted:

October 30, 2012

Decided:

Before DUNCAN, DAVIS, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

December 10, 2012

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Ivan Yacub, YACUB LAW OFFICES, Falls Church, Virginia, for
Appellant.
Mary C. Zinsner, Billy B. Ruhling, II, S. Mohsin
Reza, TROUTMAN SANDERS LLP, McLean, Virginia, for Appellee.
Jeffrey P. Naimon, Kirk D. Jensen, Michael R. Williams,
BUCKLEYSANDLER LLP, Washington, D.C., for Amici Curiae.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Carlos Miranda appeals from the district court’s order
dismissing his civil action alleging violations of the Truth in
Lending Act (“TILA”).
complaint

was

The district court determined that the

time-barred

and

that

Miranda

failed

to

allege

tender of the net loan proceeds and therefore failed to state a
claim for rescission.
reversible
Residential

error.

We have reviewed the record and find no

While

Funding,

LLC,

our

recent

678

F.3d

decision
271

in

(4th

Gilbert
Cir.

v.

2012),

overturns the district court’s dismissal of the complaint as
time-barred, we affirm on the basis that Miranda failed to state
a claim for rescission by failing to allege tender of the net
loan proceeds.

Miranda v. Wells Fargo Bank, N.A., No. 1:11-cv-

00667-GBL-JFA (E.D. Va. filed Dec. 12, 2011; entered Dec. 14,
2011).
legal
before

We dispense with oral argument because the facts and
contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED

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