United States First Circuit
Mckenna v. Wells Fargo Bank, N.A., 11-1650
In a homeowner's suit against Wells Fargo to preclude a foreclosure sale, alleging various claims including violations of the Truth in Lending Act and Massachusetts law, district court's grant of Wells Fargo's motion to dismiss for failure to state a claim is affirmed. Moreover, it is not an abuse of discretion to refuse to consider factual allegations in Rule 59(e) motion that could and should have been presented to the district court prior to the judgment.
Appellate Information
- Decided 08/16/2012
- Published 08/16/2012
Judges
- Boudin
Court
- United States First Circuit