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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.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.