A federal district court in San Francisco denied a motion by the successor to a federal thrift to dismiss as preempted state law claims alleging the mortgage lender misrepresented and omitted material facts during the origination of plaintiff’s loan. Lopez v. Wachovia Mortgage, 10-01645, 2010 WL 2836823 (N.D. Cal. July 19, 2010). The court held plaintiff’s claims were not preempted because plaintiff alleged affirmative misrepresentations, stated it was premature to make a final decision on the defense, and suggested a trial might be needed to create a record on the impact of the state rules on defendant’s lending activities.