Ramirez v. Wells Fargo Bank, N.A. et al

Filing 38

NOTICE OF ISSUE FOR DISCUSSION AT HEARING. Signed by Judge Alsup on April 19, 2011. (whalc2, COURT STAFF) (Filed on 4/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GABRIEL J. RAMIREZ,

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For the Northern District of California

United States District Court

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No. C 10-05874 WHA

Plaintiff,
v.

NOTICE OF ISSUE FOR
DISCUSSION AT HEARING

WELLS FARGO BANK, N.A., NDEX
WEST, LLC, WELLS FARGO HOME
MORTGAGE, INC., WELLS FARGO
BANK SOUTHWEST, N.A., WACHOVIA
MORTGAGE, FSB, and WORLD
SAVING BANK, FSB,
Defendants.
/

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At the motion hearing on April 21, the parties shall please be prepared to address the

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following issue: Defendant argues that plaintiff’s claims are preempted by the Home Owners

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Loan Act because the loan was originated by World Savings, a federally chartered savings

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association. But are plaintiff’s claims relating to foreclosure (as opposed to origination) governed

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by the National Bank Act, given that Wells Fargo, which conducted the foreclosure sale, is a

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federally chartered national bank?

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Dated: April 19, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE