Legal Opinion

Markle v. HSBC Mortgage Corp. (USA)

District Court, D. Massachusetts

Decided July 12, 2011No. Civil Action No. 10-40189-FDSPublishedCited by 42 opinions

1Opinion of the Court

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS

SAYLOR, District Judge.

This is a breach of contract case arising out of a government program intended to promote the modification of home mortgage loans and help homeowners avoid foreclosure. After plaintiffs Becky and Derek Markle fell behind on home mortgage payments, their mortgage servicer, defendant HSBC Mortgage Corporation, referred their home to foreclosure. The Markles allege that HSBC instituted foreclosure proceedings in violation of its obligations under the Home Affordable Modification Program. They assert claims for breach of…

2Cases cited35 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991
  5. Miree v. DeKalb CountySupreme Court of the United States · 1977

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3Cited by42 opinions

  1. Young v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
  2. MacKenzie v. Flagstar Bank, FSBCourt of Appeals for the First Circuit · 2013
  3. Paul and Barbara Miller v. Bank of America Home Loan Servicing, L.P.New Jersey Superior Court Appellate Division · 2015
  4. Tracey M. Jaffri v. JP Morgan Chase Bank, N.A.Indiana Court of Appeals · 2015
  5. Reed v. Zipcar, Inc.District Court, D. Massachusetts · 2012

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