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Sunday, January 25, 2015

LEONARDO ARIAS, ET AL. VS. ELITE MORTGAGE GROUP, INC, ET AL. A-4599-12T1


LEONARDO ARIAS, ET AL. VS. ELITE MORTGAGE GROUP, INC,
          ET AL.
A-4599-12T1
This case concerns the legal status of a Trial Period Plan (TPP) Agreement issued to plaintiffs under the federal Home Affordable Mortgage Program (HAMP). The issue is novel in New Jersey. Relying on Wigod v. Wells Fargo Bank, N.A., 673 F. 3d 547 (7th Cir. 2012), and the line of cases following Wigod, we concluded that the TPP Agreement was a unilateral offer pursuant to which the bank promised to give plaintiffs a loan modification, provided they complied fully and timely with their obligations under the Agreement. Those obligations included timely submission of the lower payments required of them during the trial period. We found that summary judgment was properly granted, because plaintiffs failed to make timely or complete payments during the trial period.