Home Affordable Modification Program
The panel reversed the district court’s dismissals of diversity actions challenging the decision of Wells Fargo
Bank not to offer permanent mortgage modifications to plaintiff borrowers. The panel held that under the Home Affordable
Modification Program the bank was contractually required to offer the plaintiffs a permanent mortgage modification after
they complied with the requirements of a trial period plan (“TPP”). The panel held that the district court should not
have dismissed the plaintiffs’ complaints when the record before it showed that the bank had accepted and retained the
payments demanded by the TPP, but neither offered a permanent modification, nor notified plaintiffs they were not
entitled to one, as required by the terms of the TPP.