This Note proceeds in four parts. Part II explains why the Home Affordable Modification Program ("HAMP") was instituted and the process it sets forth for a mortgagor to obtain a permanent modification of a home mortgage. Part III discusses the different approaches federal circuit courts have taken in analyzing whether HAMP precludes state law claims. Part IV discusses why circuit courts allowing state law claims relating to HAMP set a better precedent for mortgagors seeking to enforce their servicer’s HAMP obligations. Part V concludes by discussing the ramifications of precluding state law claims and briefly recounts the claims that have been successfully asserted in federal courts.
Christopher J. DiSanto,
The Home Affordable Modification Program: The Federal Circuit Court Split Leaves Mortgagors’ Rights to Pursue State Law Claims Unclear,
N.C. Banking Inst.
Available at: http://scholarship.law.unc.edu/ncbi/vol19/iss1/8