A pair of Pennsylvania homeowners may proceed with their claim that Wells Fargo committed a breach of contract by failing to offer them permanent changes to their mortgage payments after the homeowners met their obligations under a trial period with lower rates, a Lackawanna County judge has ruled, in an apparent case of first impression.
However, Lackawanna County Common Pleas Judge Terrence R. Nealon ruled that the gist of the action doctrine blocked tort claims for negligent infliction of emotional distress as well as any negligent misrepresentations related to Wells Fargo’s execution under the “trial period plan” at issue in the case.
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