Phillip Corvello v. Wells Fargo Bank N.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that \the bank was contractually obligated under the terms of the TPP to offer a permanent modification to borrowers who complied with the TPP by submitting accurate documentation and making trial payments\
• holding that mortgagor stated a claim based on failure to offer a permanent loan modification where servicer agreed to offer a permanent modification in the temporary payment plan if the borrower complied with the terms of the agreement through the trial period
• finding part performance exception to statute of frauds under California law applicable to HAMP TPP because borrowers fully performed under TPP
• rejecting defendant’s argument that conditional language in TPP document could “convert a purported agreement setting forth clear obligations into a decision left to the unfettered discretion of the loan servicer”
• allowing contract claims to 2 proceed over Wells Fargo’s noncompliance with HAMP trial period plan 3 requirements
• \The TPP requires borrowers ... to make trial payments of the modified amount to the servicer.\

Source: CourtListener parenthetical corpus (CC0).