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Second Judge rules Wells Fargo must submit to discovery related to computer “glitch” that led to unjust foreclosures

Judges in Ohio and New York believe a credible cause of action against Wells exists

CLEVELAND, OHIO, UNITED STATES, April 25, 2019 / -- DannLaw attorneys seeking to hold Wells Fargo accountable for a “computer glitch” that caused hundreds of borrowers to lose their homes, scored a second major legal victory against the scandal-plagued bank yesterday when Warren County, Ohio Common Pleas Court Judge Donald E. Oda II granted the law firm’s petition to compel Wells to submit to discovery. Earlier this year Acting Madison County New York Supreme Court Justice Donald F. Cerio, Jr. issued a similar ruling in DannLaw’s favor. Company attorneys vehemently opposed both discovery motions and are currently appealing the New York order.

“As expected Wells, which has a long history of concealing it’s illegal, unethical and immoral acts is desperately trying to stop us from obtaining the evidence we need to pursue claims on behalf of families whose lives were destroyed when the bank unjustly foreclosed on their homes,” DannLaw founder and former Ohio Attorney General Marc Dann said. “We’re gratified that both Judge Oda and Acting Justice Cerio recognized that we should be permitted to move forward with discovery because credible causes of action against Wells clearly exist.”

In Ohio, DannLaw is representing Ethan Ryder of Cincinnati who lost his home in a short sale after Wells rejected his application for a loan modification. Like hundreds of other borrowers across the nation, he received a “we’re sorry” letter from the bank in September of 2018. In the letter, Wells acknowledged that Mr. Ryder’s application for a loan mod should have been granted. The bank also offered him a small financial settlement.

In New York, DannLaw is representing Jose Aguilar who lost his home and his family because of the glitch. His story was the subject of in an in-depth report on the CBS Morning News which may be viewed by clicking here. Both Mr. Ryder and Mr. Aguilar rejected Wells’ settlement offer and are preparing to seek just compensation via the courts.
In both cases, DannLaw has asked the courts to order discovery before a lawsuit has been filed because Wells adamantly refuses to voluntarily turn over information related to the computer glitch. In his ruling Jude Oda noted that DannLaw had met the criteria for pre-suit discovery established in Ohio Civil Rule 34:

“The Court finds the Petition has sufficiently set forth such allegations as are required to survive a motion to dismiss. Specifically, the discovery is necessary to ascertain the identity of a potential adverse party, the petitioner is otherwise unable to bring the contemplated action, and the petitioner made reasonable efforts to obtain voluntarily the information from Wells Fargo.

The petitioner will be allowed to conduct limited discovery as provided by the rule.”

“We believe discovery will expose the depth and breadth of Wells’ willful negligence, the steps the bank took to conceal it, and their attempts to coerce victims into accepting settlements that were woefully inadequate,” DannLaw Attorney Brian Flick who heads the firm’s Cincinnati Office said. “We expect Wells to obfuscate and delay, but we have the law on our side so we’re confident we’ll obtain the information we need no matter how hard the bank fights to keep it hidden.”

About DannLaw. DannLaw, founded and managed by former Ohio Attorney General Marc Dann, is one of the nation’s leading consumer/mortgage lending/disability rights law firms. DannLaw maintains offices in Cleveland, Columbus, and Cincinnati, Ohio, Chicago, Illinois, and Newark, New Jersey.

Along with helping clients pursue claims under a wide range of consumer and disability rights laws, the firm’s attorneys are among the few in the nation who regularly use the federal Real Estate Sales Practices Act and the Truth in Lending Act to hold mortgage servicers, big banks, debt collectors, and other entities in the financial services industry accountable for abusing, scamming, and cheating borrowers. To date, DannLaw has secured millions of dollars in compensation for victims of financial fraud and helped thousands of people save their homes from foreclosure.

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