McDonald v. Wells Fargo Bank, N.A.

338 F. Supp. 3d 458
Procedural entryThis page is a short order in McDonald v. Wells Fargo Bank, N.A.. Read the opinion of the Court — 374 F. Supp. 3d 462
District Court, W.D. Pennsylvania·Decided September 18, 2018·No. CIVIL ACTION NO. 16-264·Published

Opinion

KEARNEY, J.

A Pennsylvanian buying a car in Ohio financed her car purchase under a financing agreement governed by Ohio law. She passed away after paying several monthly installments on her car loan. Someone kept paying the car loan for a couple years and then stopped. Missing payment for several months in 2012, the lender Wells Fargo sent notice of repossession to the unknowingly deceased borrower and later sold the car in a manner not compliant with the notice it sent to the deceased borrower. Over three years later, a presumed family member opened an estate and sued Wells Fargo for breach of the financing agreement, violation of the Uniform Commercial Code's notice obligations, conversion and to recover the surplus. Under Ohio law, a survivor may not bring a claim but she may under Pennsylvania law. Relying on the governing Ohio law in the financing agreement, we dismissed the complaint and our court of appeals agreed as to the breach of contract. But the court of appeals remanded the statutory and conversion claims for us to determine whether those claims are analyzed under Pennsylvania rather than Ohio law. Wells Fargo again moves to dismiss the survivor's statutory notice and conversion claims arguing they are barred by Ohio law and, if even if Pennsylvania law applies, the estate/survivor does not state a claim. We disagree, finding Pennsylvania law applies to these claims absent a further factual record and the survivor otherwise pleads a claim.

I. Background

A. Alleged facts.

Pennsylvanian Patricia A. McDonald purchased a GMC Sierra from Performance *462GMC in New Waterford, Ohio, a short drive from the Pennsylvania border, in April 2007.1 She financed the purchase through the dealership.2 The parties signed a financing agreement requiring Mrs. McDonald satisfy the loan in monthly payments of $465.86.3 The parties agreed Ohio law "appl[ied] to this [financing agreement]."4 Performance GMC immediately assigned the financing agreement to Wells Fargo, making Wells Fargo the creditor and secured party under the agreement.5

Mrs. McDonald passed away in December 2009.6 Someone continued making her car payments through July 2012.7 The payments ceased thereafter.

Wells Fargo repossessed Mrs. McDonald's vehicle on November 28, 2012.8 On November 30, 2012, Wells Fargo sent "Patricia McDonald" a "Notice of Our Plan to Sell Property."9 The Notice informed Patricia McDonald Wells Fargo repossessed her 2002 GMC Sierra on November 28, 2012, due to a default on the parties' financing agreement. Wells Fargo represented she failed to make her August 2012 through November 2012 payments.10 Wells Fargo further told Mrs. McDonald it would sell her vehicle on January 3, 2013, "at public sale at a minimum bid of [$]9,157.00."11 The Notice identified the time and location of the sale, and told Mrs. McDonald "[y]ou can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses."12 To learn the exact amount, however, she had to call Wells Fargo.

Despite the reported sale date of January 3, 2013, Wells Fargo did not sell Mrs. McDonald's vehicle until January 22, 2013.13 Wells Fargo did not issue a new notice disclosing the vehicle would be sold at a later date.14 Wells Fargo sent a post-sale notice on January 27, 2013. It told Mrs. McDonald the company sold her vehicle for $3,400, and after applying the proceeds from the sale, she owed a deficiency balance of $292.89.15

B. Relevant procedural history.

The Orphans Court of Westmoreland County, Pennsylvania appointed Liane McDonald *463to represent Patricia A. McDonald's estate on December 31, 2015 - over six years after Mrs. McDonald's passing.16 Liane McDonald, then proceeding as Administratrix of the Estate, sued Wells Fargo in the Court of Common Pleas of Westmoreland County, Pennsylvania, seeking to represent a class of Pennsylvanians who received insufficient notice preceding the sale of their repossessed vehicles.17 Wells Fargo removed the case based on our diversity jurisdiction over class actions in which the amount in controversy exceeds $5 million, exclusive of interests and costs.18 Liane McDonald, on behalf of the Estate, filed an amended complaint on April 29, 2016, alleging Wells Fargo failed to provide her post-repossession notice required by both Pennsylvania law and the parties' contract.19 The Estate further alleges Wells Fargo sold her vehicle for an amount less than it promised it would accept. The Estate alleges Wells Fargo deprived some unknown person of an opportunity to purchase the vehicle back for less than Wells Fargo represented in the Notice it would accept, and also diminished or even eliminated surplus the estate may have otherwise received.20

The Estate, through Liane McDonald, seeks to represent a class of current and former Pennsylvanians who received similarly deficient notices from Wells Fargo alleging violations of Pennsylvania's Uniform Commercial Code relating to post-repossession disposition of collateral, breach of contract, conversion, and loss of surplus. Wells Fargo moved to dismiss the amended complaint, contending neither Pennsylvania nor Ohio law permit the Estate to bring these claims as survival actions.21 We granted Wells Fargo's motion to dismiss the case.22

C. Our Court of Appeals remanded for a choice-of-law analysis.

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McDonald v. Wells Fargo Bank, N.A., 338 F. Supp. 3d 458 (W.D. Pa. 2018).

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