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Marra v. Wells Fargo Bank, N.A.

Superior Court of New Jersey, Appellate Division

August 30, 2013

WILLIAM MARRA, Plaintiff-Appellant,
v.
WELLS FARGO BANK, N.A. and WELLS FARGO HOME MORTGAGE, Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 27, 2013

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-382-12.

Whiteman Law Group, attorneys for appellant (Timothy M. O'Donnell and Brian L. Whiteman, on the brief).

Reed Smith LLP, attorneys for respondents (Henry F. Reichner, on the brief).

Before Judges Harris and Fasciale.

PER CURIAM

Plaintiff appeals from a May 30, 2012 order dismissing his complaint against defendants Wells Fargo Bank, N.A., and Wells Fargo Home Mortgage (collectively, "Wells Fargo") pursuant to Rule 4:6-2(e). We affirm.

In June 2009, plaintiff defaulted on his residential mortgage and approached Wells Fargo, his mortgage company, regarding a loan modification. In October 2009, Wells Fargo informed plaintiff that he might qualify for a loan modification under a federal Home Affordable Modification Program (HAMP), and explained that participating in the HAMP entailed a two-step process. Wells Fargo would first verify plaintiff's income while it allowed plaintiff to participate in a Trial Period Plan (TPP). Then, if plaintiff qualified for a loan modification under the HAMP, Wells Fargo would finalize the loan modification terms. Wells Fargo wrote to plaintiff and explained that

[t]he monthly [TPP] payments are based on the income information that you previously provided to us. They are also our estimate of what your payment will be IF we are able to modify your loan under the terms of the program. If your income documentation does not support the income amount that you previously provided in our discussion, two scenarios can occur:
1) Your monthly payment under the [TPP] may change
2) You may not qualify for this loan modification program
If you do not qualify for a loan modification, we will work with you to explore other options available to help you keep your house or ease your transition to a new home.

The TPP itself reiterated that eligibility for modification of a loan under the HAMP included a ...


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