Linza v. PHH Mortgage Corp. CA3
Plaintiff Phillip Linza entered into a loan modification agreement with defendant PHH Mortgage Corporation (PHH) that reduced his monthly payments on his home loan. Soon after, PHH incorrectly notified him that his payments were substantially higher than the amount actually due and sent two notices of intention to foreclose; each contained incorrect information. Linza stopped making any payments. He first contacted PHH and then filed a claim with the Department of Corporations. The matter was not resolved to Linza’s satisfaction and he sued PHH for breach of contract and various torts. The jury returned a verdict in his favor of over $16 million, including $15.7 million in punitive damages. The trial court granted PHH’s motion for a judgment notwithstanding the verdict (JNOV) as to the tort causes of action, but denied its motion for a new trial on the contract causes of action.
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