Frank Dixon v. Wells Fargo Bank, N.A.
United States District Court for the District of Massachusetts
798 F.Supp.2d 336 (2011)
Frank Dixon and his wife, Deanna, (the Dixons) (plaintiffs) orally agreed with Wells Fargo Bank, N.A. (Wells Fargo) (defendant) to enter into a mortgage loan modification. As part of that agreement, Wells Fargo instructed the Dixons to provide specific financial information and to stop making payments on their mortgage loan, on the theory that the unpaid payments would be added to the modified loan. The Dixons provided the financial information as requested and also stopped making mortgage payments. Thereafter, the Dixons received notice from Wells Fargo that it was seeking to foreclose on their home. The Dixons obtained a temporary restraining order to prevent the foreclosure and then filed suit against Wells Fargo in state court seeking (1) an injunction prohibiting Wells Fargo from foreclosing on their home; (2) specific performance of an oral agreement to enter into the loan modification; and (3) damages. Wells Fargo removed the action from state court to federal district court and filed a motion to dismiss the suit.
Rule of Law
Holding and Reasoning (Young, J.)
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