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FREITAS v. WELLS FARGO HOME MORTG., INC.

No. 11-3751.

703 F.3d 436 (2013)

Christopher FREITAS; Diane Freitas, Plaintiffs-Appellants v. WELLS FARGO HOME MORTGAGE, INC., doing business as America Servicing Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 15, 2013.

Attorney(s) appearing for the Case

G. Kyle Domann , argued, Grant D. Johnson , on the brief, Springfield, MO, for appellant.

Eric D. Martin , argued, Saint Louis, MO, Thomas E. Nanney , on the brief, Kansas City, MO, for appellee.

Before RILEY, Chief Judge, SMITH and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

Christopher and Diane Freitas ("appellants") attempted to negotiate a mortgage modification with their home mortgage loan servicer, Wells Fargo Home Mortgage, Inc. ("Wells Fargo"). After receiving conflicting information from Wells Fargo representatives, appellants stopped paying on their mortgage loan. Wells Fargo initiated foreclosure, and appellants sued for fraudulent misrepresentation and promissory estoppel. The district court

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