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Home borrower can’t sue to enforce HAMP rights (access required)

Published: April 24, 2012

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A home borrower did not have a private right of action to sue his lender for failing to grant him a permanent loan modification under the federal Home Affordable Modification Program (HAMP), the 11th Circuit has ruled in affirming a dismissal.

HAMP doesn’t preempt borrower’s state-law claims (access required)

Published: March 9, 2012

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Federal law authorizing the Home Affordable Mortgage Program does not preempt a homeowner’s state-law claims against her lender for refusing to modify her loan pursuant to the program, the 7th Circuit has ruled in reversing judgment.

Homeowners can’t enforce HAMP loan plan terms (access required)

Published: November 28, 2011

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Homeowners could not sue to enforce the terms of a loan modification plan crafted for relief under the federal Home Affordable Mortgage Program, the California Court of Appeal has ruled in affirming a dismissal.

Banks face class actions for not modifying mortgage loans (access required)

By: Sylvia Hsieh
Published: November 15, 2010

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Several class actions have been filed against banks around the country for not fulfilling promises to modify borrowers’ mortgage loans under the federal HAMP program.

Loan modification and bankruptcy complicate each other (access required)

By: Sylvia Hsieh
Published: December 4, 2009

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While many debtors continue to hope for a loan modification for their home mortgage, the reality of the modification program is complicating life for bankruptcy attorneys.

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