A judge in Boston, MA this week denied in part Bank of America’s request to dismiss a lawsuit which had been brought by homeowners who said they satisfied the requirements for a permanent modification, but Bank of America failed to honor those agreements.  The case is In re Bank of America Home Affordable Modification Program (HAMP) Contract Litigation, in the U.S. District Court for the District of Massachusetts (Boston), case # 10-md-02193.

Those homeowners who failed to obtain even a trial modification could not pursue the lawsuit any further against Bank of America, the Judge said in her opinion.  However, those homeowners who did obtain a trial modification and were entitled to the permanent modification could pursue the lawsuit against Bank of America because it was alleged that under the trial agreements, Bank of America was required to offer the permanent loan modifications to those homeowners who complied with the terms of the modification.