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Contracts Keyed to Ayres
Dixon v. Wells Fargo Bank, N.A
Facts
Plaintiffs had a mortgage with Defendant. Plaintiffs agreed with Defendant that they would take certain steps to be considered for a loan modification and Defendant agreed to consider the modification. Defendant instructed Plaintiffs to stop making payments on the loan, intending to add the unpaid amounts to the modified loan. Plaintiffs also provided certain financial paperwork to Defendant. Defendant did not consider Plaintiff for a loan modification and instead moved to foreclose on the Plaintiff’s house due to the missed payments. Plaintiffs sued seeking an injunction preventing Defendant from foreclosing, specific performance of the oral agreement to modify the loan, and damages. Plaintiffs argued that Defendant should have anticipated their reliance on the oral agreement and that their reliance left them worse off because it caused them to default on their loan and allowed the foreclosure proceeding. Defendant removed the case to federal court and moved to dismiss, arguing that Plaintiffs had not sufficiently invoked promissory estoppel.
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