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Private Right of Action Mortgages Home Affordable Modification Program

Blank Rome LLP

NJ Borrowers under HAMP May Pursue State Law Claims

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It is well-established that the federal Home Affordable Modification Program (HAMP) does not offer borrowers a private right of action to allege a lender or servicer violated HAMP. However, the New Jersey Appellate Division...more

Blank Rome LLP

Borrowers Don’t Have Private Right of Action Under HAMP but May Pursue New Jersey State Law Claims

Blank Rome LLP on

Action Item: To avoid possible state law claims related to denial of loan modifications, trial modification offers should clearly define the requirements a borrower must fulfill to receive a loan modification, and lenders and...more

Stinson LLP

Minnesota Supreme Court Recognizes New Private Right Of Action Against Residential Mortgage Loan Servicers

Stinson LLP on

On April 2, 2014, the Minnesota Supreme Court in Gretsch v. Vantium Capital, Inc. recognized a new private right of action against residential mortgage loan servicers who breach their servicer participation agreements with...more

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