SPAULDING v. WELLS FARGO BANK, N.A.

No. 12-1973.

714 F.3d 769 (2013)

Josephine H. SPAULDING; Dale E. Haylett, Jr., Plaintiffs-Appellants, v. WELLS FARGO BANK, N.A., d/b/a America's Servicing Company, successor by merger to Wells Fargo Home Mortgage, Inc., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2013.


Attorney(s) appearing for the Case

Jason Ostendorf , Law Office of Jason Ostendorf, LLC, Owings Mills, Maryland, for Appellants. Virginia Wood Barnhart , Treanor, Pope & Hughes, Towson, Maryland, for Appellee.

Affirmed by published opinion. Circuit Judge DAVIS wrote the opinion, in which Judge THACKER and District Judge DAVIS joined.


OPINION

DAVIS, Circuit Judge:

Faced with financial hardship and a monthly mortgage payment they could not afford, Appellants Josephine Spaulding and Dale Haylett applied for a mortgage modification under the Home Affordable Modification Program ("HAMP"). Their mortgage servicer, Appellee Wells Fargo Bank, N.A., denied their application. Feeling aggrieved by Wells Fargo's actions, Spaulding and Haylett filed suit, alleging five state law claims. The district...

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