Hofheinz v. Wells Fargo Bank, N.A. CA3
Plaintiff Corey T. Hofheinz alleges that after he defaulted on his home mortgage loan, defendant Wells Fargo Bank, N.A. (Wells Fargo) offered to modify his loan in accordance with the Home Affordable Modification Program (HAMP). He communicated his desire to pursue such a modification to Wells Fargo within a few days, but Wells Fargo sold his home a week later at a trustee’s sale without notice and without first determining whether he was eligible for a HAMP loan modification. Hofheinz sued Wells Fargo for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, unlawful business practices in violation of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), and promissory estoppel. The trial court sustained a demurrer to the second amended complaint without leave to amend and entered a judgment of dismissal.
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