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Contracts Keyed to Whaley
West v. JPMorgan Chase Bank, N.A.
Citation:
California Court of Appeal, 2013. 154 Cal. Rptr. 3d 285.Facts
Genevieve West (Plaintiff) owned a home subject to a mortgage held by JPMorgan Chase Bank (Defendant). Plaintiff defaulted on the mortgage, and agreed to enter into a temporary trial period plan (TPP) under the Home Affordable Modification Program (HAMP), which is a loan reduction program meant to help homeowners avoid foreclosure. If she made all required payments during the trial period, defendant would provide her with a permanent loan. After plaintiff made all requisite payments, Defendant refused to provide plaintiff a permanent loan modification after the trial period ended. Defendant stated that this denial was based on her financial information, and she could appeal the decision by providing the bank with updated information. Further, defendant stated that her home was not scheduled for foreclosure. However, a few days later plaintiff’s home was sold at a trustee’s sale.
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