In West v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, the borrower was approved for a trial period plan (TPP), complied with the terms of the TPP, including making the monthly payments required by the TPP. (Id. at p. 786.)
Nonetheless, the bank stated that the borrower did not qualify for a HAMP loan modification, and therefore did not provide the borrower with a permanent loan modification agreement.
The borrower filed a lawsuit against the bank alleging, inter alia, breach of the TPP contract. In reversing the trial court's order sustaining the bank's demurrer, the court stated, "When a borrower complies with all the terms of a TPP, and the borrower's representations remain true and correct, the loan servicer must offer the borrower a permanent loan modification.
As a party to a TPP, a borrower may sue the lender or loan servicer for its breach. Because the borrower complied with all the terms of the TPP, the bank had to offer her a permanent loan modification." (Id. at p. 786.)
The court explained that the bank's "reevaluation upon completion of the trial period would be limited to determining whether the borrower had complied with the terms of the TPP and whether the borrower's original representations remained true and correct." (Id. at p. 798.)