This could be a real (estate) game changer! Home owners who attempted to get a loan modification through the Home Affordable Modification Program (HAMP) and who were unsuccessful appear to have legal rights in certain circumstances. Many home owners have been rejected under various programs after they successfully completed a trial period plan. A Federal Appellate Court in California recently made this determination. The 9th U.S. Circuit Court of Appeals ruled that Wells Fargo was obligated to “offer plaintiffs a permanent mortgage modification since the plaintiffs submitted accurate financial documents and completed their trial period plan.” The bank had argued that it did not have to offer a permanent loan modification because it had never sent a signed modification agreement. Although Wells Fargo won in a lower district court via dismissal, the appeals circuit court overturned the ruling and “held that the district court should not have dismissed the plaintiffs’ complaints when the record before it showed that the bank had accepted and retain the payments demanded by the TPP,” read the court opinion.

The ruling will affect borrowers in several western states, including California, Arizona, and Nevada (the 9th Circuit). A federal appeals court in Chicago reached a similar conclusion last year. These cases could and should affect rights in other states as well – especially if the other state has not ruled in this issue yet. Lenders have claimed that their refusal to offer permanent loan modifications in specific circumstances have “merits” and “strong defenses”. In some cases, the ,enders plan to appeal or otherwise “prepared to present its case”. The ruling does not guarantee borrowers a loan modification, but it simply guarantees them the right to sue the lender if the loan modification is denied after successful completion of the Trial Period Plan. In its opinion, the appeals court said that HAMP “seems to have created more litigation than it has happy homeowners.”….WOW!!!!
Paddy Deighan J.D. Ph.D

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