A U.S. federal judge in Manhattan has refused to throw out Wells Fargo's lawsuit accusing JPMorgan Chase of mishandling a $481 million commercial real estate loan, allowing the case to move ahead toward discovery and potentially trial.
In a decision issued this week, U.S. District Judge Dale Ho ruled that Wells Fargo, acting as trustee for investors in the loan, pleaded enough facts to support its breach‑of‑contract claims and keep JPMorgan in the case.
The judge rejected JPMorgan's attempt to dismiss the complaint at an early stage, finding that Wells Fargo sufficiently alleged the bank knew about serious concerns over the borrower's financial numbers before the loan was finalized and sold into a commercial mortgage-backed securities (CMBS) trust, according to Reuters.
The dispute stems from a $481 million loan JPMorgan originated in 2019 to finance Chetrit Group's purchase of 43 multifamily properties with more than 8,600 apartments across 10 U.S. states, in a portfolio deal valued at about $522 million.
According to court filings, Chetrit informed JPMorgan that the seller, ROCO Real Estate, had "dramatically overstated" historical net operating income and trailing 12‑month financial results for the properties, a key metric used to assess risk and pricing on the loan.
Wells Fargo alleges JPMorgan did not demand corrected figures or halt the transaction, but instead proceeded, structured the loan, and moved it into a CMBS trust that was later overseen by Wells Fargo as trustee.
Wells Fargo says the borrower defaulted in 2022, leaving more than $285 million outstanding and saddling investors with tens of millions of dollars in losses.
The complaint argues that JPMorgan had a duty to act once it learned of the allegedly inflated income numbers and that its failure to do so, while collecting fees and passing risk to investors, violated representations and warranties in the loan documents, Yahoo Finance reported.
JPMorgan countered that Wells Fargo had not shown the alleged overstatement actually reduced the value of the loan or the underlying properties, but Judge Ho disagreed, writing that a plaintiff may claim a material breach where the conduct "materially increases a loan's risk of loss."
Wells Fargo is asking the court to force JPMorgan to repurchase the loan, less amounts already recovered from property sales, or to award damages to make investors whole. JPMorgan has declined to comment on the ruling, while Wells Fargo has not immediately responded to media requests.
The case will now move forward, with the judge's decision signaling that the banks' handling of risk and disclosure in complex real estate financings will face closer scrutiny in court, as per Law Commentary.
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