Nelson v. Bank of America, N.A., et. al.

Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 4 months ago

Citation:

Nelson v. Bank of America, N.A., 6:10-cv-00929-MSS-DAB

Tag(s):

Ruling:

The Eleventh Circuit affirmed the district court's dismissal of Nelson's verified complaint. The Eleventh Circuit held that nothing express or implied in the United States Treasury's Home Affordable Mortgage Program ("HAMP") gives borrowers a private right of action. The Eleventh Circuit had not previously addressed this issue in a published opinion but acknowledged that a multitude of other districts have done so and have held that HAMP does not provide for a private right of action. The Eleventh Circuit found that no congressional intent that HAMP provide for a private right of action could be inferred from the language of the statute, the statutory structure, or some other source.

Procedural context:

Appeal from District Court granting of Bank of America's motion to dismiss Nelson's verified complaint.

Facts:

Nelson alleged that Bank of America and its subsidiary, BAC Home Loans Servicing, LP ("Defendants") were participants in the United States Treasury's Home Affordable Mortgage Program ("HAMP") and that she entered into a temporary mortgage modification agreement with Defendants. Nelson alleged that Defendants failed to satisfy their obligations under the terms of the temporary mortgage modification agreement. Nelson asked that the district court (1) determine the parties' rights and duties; and (2) issue a "declaratory judgment related to the modification of [her] mortgage note, in compliance with HAMP." Defendants filed a motion to dismiss the complaint on the ground that HAMP did not create a private right of action. The district court granted Defendants' motion to dismiss. Nelson appealed.

Judge(s):

CARNES, MARTIN and ANDERSON

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