UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW-RELIANCE-MORTGAGE FORECLOSURE

February 23rd, 2017 by Rieders Travis in Business and Corporations

Claim for violation of Unfair Trade Practices and Consumer Protection Law thrown out by trial court.  The Third Circuit affirmed.  In 1999, homeowners obtained a home loan from Parkway Mortgage secured by a mortgage on the property.  Parkway Mortgage assigned the interests to non-parties, which in turn assigned their interests.  Homeowner stopped making payments because they did not receive monthly statements.  They were said to be in default, and foreclosure followed.  A judgment was taken against the homeowners, and they wound up in bankruptcy.  The homeowners sued the mortgage company.  The lower court ruled in favor of the homeowners on the contract claim, but determined they could not recover damages for attorney’s fees or any other damages.  The court said the claim under the Unfair Trade Practices and Consumer Protection Law was properly dismissed, along with infliction of emotional distress claims.  There was no implied covenant of good faith and fair dealing.  Reliance was not proven.  Dehart v. Homeq Servicing Corp., 2017 U.S. App. LEXIS 2276 (Feb. 8, 2017).

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