Mortgages – Foreclosure – HAMP
Where the plaintiffs allege that the defendants violated the Home Affordable Modification Program Guidelines by conducting a foreclosure sale of their home while they were under consideration for a...
View ArticleMortgages – HAMP – Third-party beneficiary
Where a defendant lender and codefendant servicing company have moved to dismiss a borrower’s complaint, the dismissal motion must be denied with respect to a third-party beneficiary claim brought...
View ArticleMortgages – HAMP – Statute of Frauds
Where the plaintiff brought suit against the defendant bank, alleging that the bank reneged on an oral promise to place his mortgage loan into a workout plan under the Home Affordable Modification...
View ArticleMortgages – HAMP – Good faith and fair dealing
Where a defendant mortgage lender has moved to dismiss a plaintiff borrower’s amended complaint, the motion should be allowed because (1) the defendant did not breach a trial modification agreement,...
View ArticleMortgages – Foreclosure – HAMP
Where plaintiffs filed a complaint claim that a foreclosure proceeding was illegal, the complaint must be dismissed for failure to state a claim for breach of the duty of good fair and fair dealing,...
View ArticleMortgages – HAMP – Settlement agreement
Where the plaintiffs commenced an action for injunctive relief and damages because of an alleged wrongful failure by the defendant bank to modify their mortgage loan pursuant to the Home Affordable...
View ArticleMortgages – Foreclosure – Estoppel – HAMP
Where Chapter 13 debtors have asserted an estoppel claim against the defendant that conducted a foreclosure sale, the defendant should be awarded summary judgment based on a lack of any showing of...
View ArticleMortgages – HAMP – Preemption
Where a defendant lender has filed a motion to dismiss for lack of subject matter jurisdiction under the Financial Institution Supervisory Act, the jurisdictional bar is not applicable and the motion...
View ArticleMortgages – HAMP – Standing – G.L.c. 93A
Where the plaintiff asserts that the defendant bank violated certain provisions of the Home Affordable Modification Program (HAMP), as well as G.L.c. 93A, the defendant is entitled to dismissal on all...
View ArticleMortgages – G.L.c. 93A – HAMP
Where a plaintiff has alleged that the defendant violated G.L.c. 93A in its handling and denial of the plaintiff’s application for a modification if his residential mortgage under the Home Affordable...
View ArticleMortgages – HAMP – Class action
Where plaintiffs charging the defendant bank with mismanaging loan modification requests have moved for class certification, the plaintiffs have not satisfied the predominance and superiority...
View ArticleBorrowers denied class status in ‘HAMP’ suit
Individual borrowers alleging that Bank of America mismanaged their loan modification requests under the federal Home Affordable Modification Program were not entitled to certification as a class, a...
View ArticleMortgages – HAMP – Chapter 93A – FDCPA
Where, as part of the Home Affordable Modification Program (HAMP), the defendant signed a Trial Period Plan agreement (TPP) with the plaintiff, the record presents sufficient evidence to deny the...
View ArticleMortgages – HAMP – Modification
Where a defendant bank (1) denied the plaintiff borrowers a loan modification under the Home Affordable Modification Program and (2) foreclosed on their home, the plaintiffs have identified no...
View ArticleMortgages – G.L.c. 93A – HAMP
Where a plaintiff brought suit claiming that the defendant mortgage servicer committed a deceptive business practice in connection with the plaintiff’s application for the Home Affordable Modification...
View ArticleMortgages – HAMP
Where a plaintiff has filed suit against a defendant bank in response to the denial of her loan modification application under the Home Affordable Modification Program and the subsequent foreclosure on...
View ArticleMortgages – HAMP – G.L.c. 93A
Where a plaintiff has alleged that the defendant lender engaged in a pattern of delay and evasion in response to her attempts to obtain a loan modification under the Home Affordable Modification...
View ArticleMortgages – Negligence – HAMP
Where a defendant mortgagee and codefendant mortgage servicer were granted summary judgment on a plaintiff borrower’s claim that the mortgagee negligently processed his loan modification applications...
View ArticleMortgages – G.L.c. 93A – HAMP
Where a plaintiff borrower has alleged that the defendant lender violated G.L.c. 93A, the complaint must be dismissed, as (1) the defendant’s failure to send notice to the plaintiff as required by...
View ArticleMortgages – G.L.c. 93A – HAMP
Where a plaintiff has alleged that the defendant violated G.L.c. 93A in its handling and denial of the plaintiff’s application for a modification if his residential mortgage under the Home Affordable...
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