MILLER, Presiding Judge.
This case arises out of foreclosure proceedings instituted by U.S. Bank, N.A. against the residence owned by Otis Wayne Phillips. Phillips filed suit seeking damages and an injunction to prevent foreclosure, alleging that U.S. Bank had failed to properly evaluate his request for a loan modification under the federal Home Affordable Modification Program ("HAMP"). Specifically, Phillips's complaint set forth claims for third-party beneficiary...
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