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Salvador v. Bank of America et al; 456 B.R. 610

Case Conclusion Date: 05.12.2011

Practice Area: Chapter 13 bankruptcy

Outcome: Motion Granted in Part

Description: Holdings: The Bankruptcy Court, James P. Smith, J., held that: 1 federal law preempted debtors' claims under GAFLA; 2 agreement reducing debtors' mortgage payments for trial period, pursuant to Home Affordable Modification Program (HAMP), was not enforceable contract under Georgia law; 3 alleged promise to provide permanent loan modification was too vague to support promissory estoppel claim; 4 debtors lacked standing to sue, under Georgia law, as third-party beneficiaries of service participation agreement (SPA) between government and mortgagee; 5 no private right of action exists for violations of provision of RESPA governing uniform settlement statements; 6 whether mortgagee violated RESPA in responding to debtors' written request for information regarding servicing of loan could not be decided on motion for judgment on the pleadings; and 7 FBPA does not apply to residential mortgage transactions.

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