* JPMorgan ( JPM ) accused of ignoring inflated financials
provided by property seller
* Wells Fargo ( WFC ) seeks loan repurchase or damages
* JPMorgan ( JPM ) not available for comment
By Jonathan Stempel
NEW YORK, March 30 (Reuters) - A federal judge on Monday
rejected JPMorgan Chase's ( JPM ) bid to dismiss Wells Fargo's ( WFC )
breach of contract lawsuit to recoup losses for
investors in a defaulted $481 million commercial real estate
loan.
U.S. District Judge Dale Ho in Manhattan said Wells Fargo ( WFC ),
acting as the investors' trustee, adequately alleged that
JPMorgan ( JPM ) knew of an event of default by Chetrit Group, a
Manhattan real estate development firm that took out the loan in
2019 to buy 43 multifamily properties with 8,671 apartments in
10 U.S. states.
Wells Fargo ( WFC ) said the borrower defaulted in 2022 and owed more
than $285 million when the complaint was filed last March, while
investors lost tens of millions of dollars.
JPMorgan ( JPM ) did not immediately respond to requests for
comment.
In its complaint, Wells Fargo ( WFC ) said Chetrit told JPMorgan ( JPM )
more than five months before the $522 million purchase closed
that the seller overstated the properties' historical net
operating income, a key commercial real estate metric, yet
JPMorgan ( JPM ) pretended "nothing unusual had happened" when making
and marketing the loan.
JPMorgan ( JPM ) argued that Wells Fargo ( WFC ) did not show how the
overstatement reduced the value of the loan or the underlying
properties.
But the judge said a plaintiff "may plead a material breach
where the breach materially increases a loan's risk of loss."
Wells Fargo ( WFC ) accused JPMorgan ( JPM ) of turning a blind eye in
pursuit of millions of dollars in fees.
It wants the largest U.S. bank to repurchase the loan, less
amounts the trust received from sales of underlying properties,
or else pay damages.