United States First Circuit

Dismissal of plaintiff's complaint alleging that defendants' conduct during her attempts to modify her mortgage pursuant to the Home Affordable Modification Program violated Massachusetts law is: 1) affirmed in part with regard the district court's judgment as to the dismissal of plaintiff's breach of contract claim under Count II, her claim for breach of the implied covenant of good faith and fair dealing, and her claims for intentional and negligent infliction of emotional distress; but 2) vacated and remanded in part, as to the dismissal of plaintiff's breach of contract claim under Count I, her claim for unfair debt collection practices under Massachusetts law, and her derivative claim for equitable relief.

Appellate Information

• Decided 05/21/2013
• Published 05/21/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel