Joanne C. Miller v. Wells Fargo Bank

Citations

• 160 A.3d 975
• 2017 WL 2297654
• 2017 R.I. LEXIS 70

Syllabus

The plaintiff, Joanne C. Miller (plaintiff), appeals from a Superior Court judgment in favor of the defendant, Wells Fargo Bank (defendant). Before this Court, the plaintiff argues that: (1) the defendant breached federal guidelines regarding loan modification review and improperly foreclosed on her home while her loan modification request was pending (2) the defendant breached the covenant of good faith and fair dealing and (3) her reliance on the federal regulations, as well as the defendant's failure to adhere in good faith to those regulations, should have estopped the defendant from foreclosing on the property. The Supreme Court held that the plaintiff's first argument, that the defendant breached federal guidelines regarding loan modification review and improperly foreclosed on her home, was waived. Next, the Supreme Court deferred to the Superior Court justice's conclusion that, because there was no contractual obligation on behalf of the lender to modify the loan, the alleged breach of the covenant of good faith and fair dealing claim must fail. Lastly, the Supreme Court held that the Superior Court justice did not err in rejecting the plaintiff's promissory estoppel claim. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.