Nungaray v. Litton Loan Servicing, LP
California Court of Appeal
1Opinion of the Court
*1501Opinion
GILBERT, P. J.
Homeowners hope to enter into a loan modification agreement with their lender pursuant to the federal Home Affordable Mortgage Program (HAMP). Preliminary to a possible loan modification agreement, owners execute a “loan work-out plan” for the lender’s review. During its review, lender accepts reduced mortgage payments from owners.
We conclude this plan, however unique, is no less subject to general principles of contract law. We also conclude that when a lender suspends foreclosure proceedings pursuant to such a plan, as it did here, it did not violate the so-called…
2Cases cited8 opinions
- Parsons v. Bristol Development Co.California Supreme Court · 1965
- City of Hope National Medical Center v. Genentech, Inc.California Supreme Court · 2008
- Security Pacific National Bank v. WozabCalifornia Supreme Court · 1990
- Tichinin v. City of Morgan HillCalifornia Court of Appeal · 2009
- Landmark Screens, LLC v. Morgan, Lewis & Bockius, LLPCalifornia Court of Appeal · 2010
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3Cited by22 opinions
- Phillip Corvello v. Wells Fargo Bank N.A.Court of Appeals for the Ninth Circuit · 2013
- Barroso v. Ocwen Loan Servicing, LLCCalifornia Court of Appeal · 2012
- Ewald v. Nationstar Mortg., LLC, California Court of Appeal, 5th District2017
- In re JPMorgan Chase Mortgage Modification LitigationDistrict Court, D. Massachusetts · 2012
- Sutcliffe v. Wells Fargo Bank, N.A.District Court, N.D. California · 2012
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