Curley

Curley v. Wells Fargo & Co.

Good Law
120 F. Supp. 3d 992·2015 WL 4623658·98 Fed. R. Serv. 27·2015 U.S. Dist. LEXIS 100513
United States District Court, Northern District of CaliforniaJuly 31, 2015Case No. 13-cv-03805 NCCalifornia5,200 words

Opinion

Lead Opinion

Cousins, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

In this wrongful foreclosure case, plaintiff David Curley brings breach-of-contract and fraud claims against defendant Wells Fargo. Curley argues that Wells Fargo failed to abide by the terms of a Trial Period Plan when it failed to offer him a permanent loan modification and initiated foreclosure proceedings against him despite his compliance with the TPP’s terms. Wells Fargo moves for summary judgment on all of Curley’s causes of action. A key part of the TPP states, “If you qualify under the federal government’s Home Affordable Modification program and comply with the terms of the Trial Period Plan, we will modify your mortgage loan and you can avoid foreclosure.” Dkt. No. 119-6 at 5 (emphasis added). The primary issue this Court must decide is whether Curley complied with the terms of the TPP; without such compliance, Wells Fargo contends that Curley failed to perform his contractual obligations and his claims fail.

The Court agrees with Wells Fargo. Specifically, because Curley failed to perform his obligations under TPP by not *995 submitting his IRS Form 4506-T, and for the reasons discussed below, the Court GRANTS…

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