Estate of Davis v. Wells Fargo Bank

Dist. Ct. erred in dismissing on statute of limitations grounds plaintiff's action alleging that defendants violated Equal Credit Opportunity Act by making offer to modify plaintiff's mortgage on terms that were unfavorable to her and were based on her race. While plaintiff did not allege that she applied for extension, renewal or continuation of credit within applicable two-year limitations period, defendants made instant offer within applicable two-year period so as to potentially trigger protections under the Act. However, error was harmless where plaintiff, in related FHA discrimination claim, presented only inadmissible evidence in form of affidavits from individuals not identified in discovery or from individuals, who had no personal knowledge of circumstances surrounding plaintiff's mortgage, to support claim that race played role in defendants' conduct.