United States First Circuit

Dismissal of plaintiffs' complaint alleging state law violations related to defendant's decisions to deny them a loan modification under the Home Affordable Modification Program (HAMP) and to foreclose on their home, is affirmed, where: 1) the district court correctly dismissed the count for breach of the covenant of good faith and fair dealing because plaintiffs were not third party beneficiaries of the agreement between the government and defendant, and defendant had no duty to modify the plaintiffs' loan prior to foreclosure; 2) plaintiffs had no right to rescind the agreement; 3) defendant does not owe plaintiffs any legal duty under the circumstances of this case; and 4) plaintiffs failed to adequately plead the elements of a promissory estoppel claim.

Appellate Information

• Decided 12/30/2013
• Published 12/30/2013

Judges

• STAHL

Court

• United States First Circuit

Counsel