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Sunday, March 15, 2015

PAUL AND BARBARA MILLER VS. BANK OF AMERICA HOME LOAN SERVICING, L.P. A-0169-13T2

 PAUL AND BARBARA MILLER VS. BANK OF AMERICA HOME LOAN SERVICING, L.P. 
A-0169-13T2 
Reaching the same conclusion as our colleagues in Arias v. Elite Mortg. Grp., Inc., ___ N.J. Super. ___ (2015), we hold the federal Home Affordable Modification Program's (HAMP) preclusion of private causes of action would not prevent a borrower from pursuing state law claims arising from the breach of an underlying temporary contractual arrangement pending the lender's review under the HAMP guidelines, rejecting the trial judge's reliance on unreported opinions by the United States District Court for the District of New Jersey to the contrary. 

Summary judgment was affirmed, however, because plaintiffs' deposition allegations of timely payment, which were otherwise unsupported by documents referenced but never produced, were insufficient to defeat the business record produced by the lender showing a failure to comply with the terms of the temporary payment agreement. 03/05/15