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LOPRESTI v. WELLS FARGO BANK, N.A.

Docket No. A-1356-12T3

88 A.3d 944 (2014)

435 N.J. Super. 311

Salvatore LOPRESTI and Margaret Lopresti, Plaintiffs-Appellants, v. WELLS FARGO BANK, N.A., successor in interest to Wachovia Bank and First Union, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 2014.

Attorney(s) appearing for the Case

Lewis G. Adler argued the cause for appellant.

Jessica A. Goldfinger argued the cause for respondent (Greenbaum, Rowe, Smith & Davis, LLP, attorneys; John D. North , Iselin, on the brief; Ms. Goldfinger, on the brief).

Before Judges PARRILLO, KENNEDY and GUADAGNO.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

The underlying action was instituted by plaintiffs Salvatore and Margaret Lopresti against defendant Wells Fargo Bank, N.A., successor to Wachovia Bank, N.A. and First Union National Bank (Wells Fargo), alleging the Bank wrongly collected a prepayment penalty on a commercial loan to their business, Body Max, Inc. (Body Max), which plaintiffs personally guaranteed...

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