Tag: private right of action

4th Circuit: Haylett v. Wells Fargo Bank, N.A.- No Private Right of Action for HAMP Denial


After falling delinquent on their mortgage payments to Wells Fargo in early 2010, the Hayletts sought a HAMP modification. After being supplied with initial documentation, Wells Fargo requested further information from the Hayletts on March 1, 2010, allowing ten days to respond. The Hayletts provided the requested documents on March 22, 2010, but Wells Fargo denied the request and proceeded to foreclosure. The Hayletts brought suit alleging breach of implied-in-fact contract, negligence, violations of the Maryland Consumer Protection Act (“MCPA”), negligent misrepresentation, and common law fraud. All causes of action were dismissed by the district court which held that absent a Trial Period Plan (“TPP”) there was no privity of contract on which such claims could be based.… Read More

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