Ninth Circuit reverses Wells Fargo HAMP dismissal

The Ninth Circuit reverses dismissal of ECOA case against two auto dealers. U.S. v. Union Auto Sales, Inc., 2012 WL 2870333 (9th Cir. 2012). In 2007, the Federal Reserve Board referred a bank under its supervision to the U.S. Department of Justice (DOJ) for fair lending issues involving indirect auto lending.

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The Ninth Circuit Court of Appeals for the United States is clearly displeased with the mortgage servicing activities of Wells Fargo (WFC). Earlier this month, the court reversed a dismissal.

PHILADELPHIA – A panel of the Third Circuit U.S. Court of Appeals on Dec. 13 held that a district court improperly relied on a permanent modification under the Home Affordable Modification Program (HAMP) when deciding to dismiss a breach of contract claim asserted by borrowers, reversing dismissal of the claim in favor of a bank (Stephen Bukowski, et al. v. Wells Fargo Bank, N.A., et al.,

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HAMP program to incentivize banks to re finance mortgages of distressed homeowners so they could stay in their homes. Home loan servicers, including Defendant-Appellee Wells Fargo Bank, N.A. ("Wells Fargo"), signed servicer participation agreements with Tr easury that ent itled the m to $1,000 for each permanent modification they made, but

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dismissal of the schlegels’ fdcpa claim, because their complaint did not plausibly allege that Wells Fargo was a "debt collector" for purposes of the Act. We reverse, however, the court’s dismissal of the Schlegels’ claim that Wells Fargo, in violation of ECOA, failed to give them notice

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Ninth Circuit reverses Wells Fargo HAMP dismissal; mortgage servicer dealt setback in modification trial. Posted on 01.1.01. By Robert Russell Jan 1, 2001. Fannie Mae – Making Home Affordable Program. Posted on 01.1.01. By Robert Russell Jan 1, 2001.

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New Ninth Circuit Consumer Law Opinion! – Corvello v Wells Fargo Bank. The Ninth Circuit Court of Appeals reversed dismissal of the borrowers’ class action lawsuit against Wells Fargo and held HAMP offers are legally binding.

In an opinion filed on March 13, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a homeowner-plaintiff’s breach of contract claim against a major bank for damages allegedly suffered when she unsuccessfully attempted to modify her home loan over a two-year period.