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Allison v. J.P. Morgan Chase Bank

United States District Court for the Eastern District of Texas

2012 WL 4633177 (2012)

Facts

A hurricane destroyed the home and business of Michael and Tracy Allison (plaintiffs). The Allisons exhausted their life savings by continuing to make mortgage payments to Chase Home Finance LLC (Chase) (defendant). Chase orally informed the Allisons that once they had suspended their payments for two months, Chase would enroll the Allisons in a mortgage-modification program for hurricane victims. The Allisons stopped making payments and filed the necessary application for enrollment. Over the next 16 months, Chase repeatedly bungled and lost the Allisons’ paperwork, which the Allisons dutifully and repeatedly refiled. Chase never completed the enrollment process. Eventually Chase informed the Allisons that it had sold their mortgage to JP Morgan Chase Bank, N.A. (Morgan) (defendant) and sued to evict the Allisons from their house. In addition to contending that, once Chase sold the mortgage, it lost any standing to sue for eviction, the Allisons countersued both Chase and Morgan on counts that included breach of contract, promissory estoppel, private nuisance, and violation of the Texas consumer-protection statute. Chase and Morgan moved to dismiss the Allisons’ suit on all counts.

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Holding and Reasoning (Giblin, J.)

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