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In Re: Citimortgage. Inc. Home Affordable Modification Program (“HAMP”) Litigation

California Class ActionUnited States District Court (C.D. Cal.)Case No. 11-mdl-2214 DSF (PLAx)

Case Type:  Consumer RightsMortgage and Lending

A California statewide class action lawsuit of California homeowners against CitiMortgage for failure to comply with its obligations under federal program, HAMP, designed to modify mortgages.  The lawsuit charges that CitiMortgage breached its trial period contracts with them and violated HAMP program requirements.  It also alleges that CitiMortgage unlawfully promised permanent modifications at the end of the trial modification period – and dragged the trial periods out – as a debt collection tactic, in violation of California’s Fair Debt Collection Practices Act.  The homeowners are suing for an injunction requiring CitiMortgage to give them the permanent modifications it promised.  HAMP modifications reduce mortgage payments to 31% of the homeowners’ income for five years by reducing the interest rate and in some cases extending the term of the loan.  The suit also seeks damages.  The lawsuit was filed in the Central District Federal Court, Western Division, on June 15, 2012.  Plaintiffs’ motion for class certification was denied in 2013 and the case is now on appeal before the Ninth Circuit under Rule 23(f).

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