United States Ninth Circuit

Dismissals of actions challenging defendant-bank's decision not to offer permanent mortgage modification to plaintiff-borrowers is reversed and remanded, where: 1) under the Home Affordable Modification Program the bank was contractually required to offer the plaintiffs a permanent mortgage modification after they complied with the requirements of a trial period plan (TPP); and 2) the district court should not have dismissed the plaintiffs' complaints when the record before it showed that the bank had accepted and retained the payments demanded by the TPP, but neither offered a permanent modification, nor notified plaintiffs they were not entitled to one, as required by the terms of the TPP.

Appellate Information

• Decided 08/08/2013
• Published 08/08/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel