Speleos v. BAC Home Loans Servicing, L.P.

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 HAMP guidelines may establish a duty of care, the breach of which may state a negligence claim
• holding that allowing a homeowner to raise a third-party beneficiary claim would be inconsistent with the terms of the contract, where Fannie Mae servicer agreement provided, “[tjhese rights and remedies are for our benefit and that of our successors and assigns”
• finding that the HAMP guidelines may establish a duty of care, the breach of which may state a negligence claim
• finding that, “[w]ithout any specific statement” in the relevant contracts that third parties “may enforce [the] agreement through breach of contract actions[,] . . . plaintiffs have not stated a claim for breach of a third- party contract”
• finding that, “[w]ithout any specific statement” in the relevant contracts that third parties “may enforce [the] agreement through breach of contract actions[,] . . . plaintiffs have not stated a claim for breach of a third- party contract”
• finding no private cause of action under HAMP and listing cases to same effect

Source: CourtListener parenthetical corpus (CC0).