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Enforcing the Home Affordable Modification Program Through the Courts

By Rebekah Cook-Mack & Sarah Parady

The Home Affordability Modification Program (HAMP), nearly two years after its creation, has failed to live up to its promise of helping large numbers of homeowners facing foreclosure. However, in defending foreclosure proceedings, homeowners can point to violations of HAMP procedures. Homeowners can also raise program violations affirmatively in suing loan servicers, most commonly as third-party beneficiaries of contracts between the servicers and the U.S. Department of the Treasury.

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