Ninth Circuit reverses Wells Fargo HAMP dismissal

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On July 17, 2009, Wells Fargo sent Corvello a written tpp agreement with a cover letter stating, "If you qualify under the federal government’s Home Affordable Modification program and comply.

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Wells Fargo Bank, the Ninth Circuit reversed a California district court’s dismissal of the plaintiff’s breach of contract claims arising out of Wells Fargo’s refusal to offer the plaintiff a permanent loan modification after the plaintiff made all of the required payments under the TPP.

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ER 218. C. Lucias’ TPP Agreement In late 2009, the Lucias were struggling to make their mortgage payments and decided to seek a loan modification from their servicer, Wells Fargo. ER 434. Although Wells Fargo was required to notify the Lucias about HAMP, Wells Fargo never did. Id.

Wells Fargo Bank, N.A., the Ninth Circuit Court of Appeals overturned the dismissal of the plaintiffs’ breach of con-tract claims, finding that the language in the plaintiffs’ tpp cre-. peared eligible for HAMP and Wells Fargo prepared TPPs for each plaintiff.

count in class action case seeking to enforce HAMP trial plan. Healey v. Wells Fargo, 2012 WL 994564 (Pa.Com.Pl.), CCP Lackawanna, March 12, 2012. Court declined to dismiss (preliminary objections) breach of contract, UDAP, fraud in the execution and promissory estoppel counts in action seeking to enforce HAMP trial plan.

HAMP program to incentivize banks to re finance mortgages of distressed homeowners so they could stay in their homes. Home loan servicers, including Defendant-Appellee Wells Fargo Bank, N.A. ("Wells Fargo"), signed Servicer Participation Agreements with Tr easury that ent itled the m to $1,000 for each permanent modification they made, but

In Corvello v.Wells Fargo Bank, NA, 11-16234, 11-16242, 2013 WL 4017279 (9th Cir. Aug. 8, 2013) (a copy of the opinion can be found here), the Ninth Circuit reversed the lower Court’s dismissal of two consolidated class action complaints, holding that if a borrower complies with a standardized Home Affordable Modification Program ("HAMP") trial period plan ("TPP"), the mortgage.

Citing the Seventh Circuit’s holding in Wigod v. Wells Fargo Bank, N.A., 673 F.3d 547 (7th Cir. 2012), the Ninth Circuit held that once the servicer determined that a borrower had complied with.