No right to “HAMP” as third party bene try Negligence with a side of “HAMP”

26 Oct

For all those who have found out the hard way that judges do not like a breach of HAMP contract cause of action, here is a way around it: sue for negligent handling of the HAMP application and use this citation in your opposition to demurrer:

“It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract so to do. A person may not be required to perform a service for another but he may undertake to do so — called a voluntary undertaking. In such a case the person undertaking to perform the service is under a duty to exercise due care in performing the voluntarily assumed duty, and a failure to exercise due care is negligence. [emphasis added]” Valdez v. Taylor Auto. Co. (1954) 129 Cal.App.2d 810, 817; Aim Ins. Co. v. Culcasi (1991) 229 Cal. App. 3d 209, 217-218.

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2 Responses to “No right to “HAMP” as third party bene try Negligence with a side of “HAMP””

  1. johngault October 26, 2012 at 4:33 pm #

    Seems like pretty good info….”voluntary”, just like third party guarantees. But, just a reminder, there are courts which have found in favor of a private right of action under HAMP.

  2. Flavia Brown October 26, 2012 at 5:47 pm #

    I’m trying to understand your headline.What does third part bene try Negligence mean?

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