Moore

Moore v. Wells Fargo Bank, N.A.

Good Law
251 Cal. Rptr. 3d 779·39 Cal. App. 5th 280
Court of Appeal of CaliforniaAugust 28, 2019C082231California7,425 words

Opinion

Lead Opinion

Robie, J.

*283 "As authorized by Congress, the United States Department of the Treasury implemented the Home Affordable Mortgage Program (HAMP) to help homeowners avoid foreclosure during the housing market crisis of 2008. 'The goal of HAMP is to provide relief to borrowers who have defaulted on their mortgage payments or who are likely to default by *284 reducing mortgage payments to sustainable levels, without discharging any of the underlying debt.' " ( West v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780 , 785, 154 Cal.Rptr.3d 285 .)

In this case, plaintiff Gregory Moore contacted defendant Wells Fargo, N.A. (Wells Fargo) 1 to discuss possible assistance *783 programs while he was unemployed. Wells Fargo recommended the forbearance plan (Plan) under the Home Affordable Unemployment Program (Unemployment Program) outlined in the United States Department of the Treasury's HAMP supplemental directive 10-04 dated May 11, 2010 (Directive 10-04). Wells Fargo explained the Plan would allow Moore to make reduced monthly payments for a period of time and said there was "no downside" to the Plan -- if Moore qualified for a permanent loan modification at the conclusion of the Plan, the…

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