California Court of Appeal

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Bushnell v. JPMorgan Chase Bank, C070643

Dismissal of plaintiffs' action arising from a home foreclosure alleging causes of action against defendant-lender for breach of contract, promissory estoppel, and fraud based on intentional misrepresentation or false promise is reversed in part and remanded, where: 1) when a borrower has alleged that he or she has complied with all the terms of a trial modification plan offered under the Home Affordable Modification Program and if the borrower's representations on which the modification is based remain true and correct, the lender or loan servicer must offer the borrower a good faith permanent modification; and if the lender fails to do so, the borrower may sue the lender, under state law, for breach of contract of the trial modification plan, among other causes of action; and 2) plaintiffs have sufficiently alleged causes of action for breach of contract, promissory estoppel, and fraud based on false promise but not for intentional misrepresentation.

Appellate Information

  • Decided 10/22/2013
  • Published 10/22/2013

Judges

  • BUTZ

Court

  • California Court of Appeal

Counsel