Oral Argument : Diaz v. Deutsche Bank, No. 15-41372 (5th Cir. July 6, 2016) – Affirmed Foreclosure for Deutsche Bank National Trust Co.
Below is a random selection of cases where homeowners claimed mortgage servicers duped them into missing 3 months payments to induce foreclosure.
Bowen v. Wells Fargo Bank, N.A., No. 2:11-cv-91-FtM-29SPC, at *3 (M.D. Fla. Aug. 17, 2011) (“Wells Fargo responded that they would only consider the matter if he was 90 days past due on his payments, and instructed him to stop making his payments. (Id., ¶ 20.) Plaintiff complied, but shortly after the 90 days past due date, and before he could apply for a loan modification program, Wells Fargo initiated foreclosure proceedings. ”)
Daghlan v. TBI Mortg. Co., No. CV-12-01415-PHX-NVW, at *3 (D. Ariz. Jan. 17, 2013) (“Wells Fargo informed Plaintiff that he would not be considered for a loan modification unless he was at least 90 days past due in making his loan payments, and Plaintiff therefore stopped making monthly payments. ”)
Cruz v. Washington Mutual Bank, No. 11CV471 DMS (POR), at *3 (S.D. Cal. Mar. 14, 2011) (“Plaintiff claims “that, around February 15, 2009, a representative of WAMU instructed him to cease making the scheduled payments and to default on his loan, and that if Plaintiff complied, WAMU would restructure his loan.” ”)
Newman v. Bank of N.Y. Mellon, 1:12-CV-1629 AWI GSA, at *13 (E.D. Cal. Apr. 10, 2013) (“BOA told Newman that to obtain a loan modification, he would have to be 90 days in default. Newman reluctantly did so”)
Goyal v. Capital One, N.A., No. C-12-02759 RMW, at *2 (N.D. Cal. Sep. 6, 2012) (“During this time, plaintiff made no payments against the note because he had allegedly been falsely advised by ING that he must “remain ninety days behind on [his] payments to be eligible for loan modification.””)
Traynor v. Chase Home Fin., L.L.C., No. 3:11-cv-800-K, at *2 (N.D. Tex. Feb. 27, 2013) (“ Traynor alleges that Chase customer service agents effectively encouraged him to become 90 days delinquent on his loan payments. Traynor let himself fall 90 days behind on his mortgage payments so that he could apply for a loan modification program. ”)