A class action lawsuit has been filed against CitiMortgage in New Jersey, alleging that the lender improperly denied mortgage loan modifications to borrowers while reaping the financial benefits of a federal program meant to provide them.
The suit was filed on behalf of New Jersey homeowners who were denied permanent loan modifications under the Home Affordable Modification Program (HAMP) federal anti-foreclosure initiative. The suit alleges that some homeowners who entered into HAMP trial modifications through CitiMortgage were denied permanent modifications by the company despite making all their trial period payments and otherwise meeting program rules.
The complaint claims the bank accepted billions in funds from the government’s Troubled Asset Relief Fund (TARP) that were designated for helping at-risk borrowers avoid foreclosure. It claims that CitiMortgage and other TARP-funded mortgage servicers are contractually obligated to modify mortgage loans for homeowners who qualify under HAMP guidelines.
The suit claims the bank has dragged its feet on approving loan modifications or denied them entirely, depriving at-risk homeowners of federal assistance that could save them from foreclosure. At the same time, it claims CitiMorgage reaped the financial benefits of participating in the program while also collecting higher fees and interest rates associated with stressed home loans.
Contacted for this story, a CitiMorgage spokesman said the bank believes the suit is without merit and will defend it vigorously.
The suit was filed by the law firm of Berger & Montague, P.C. in U.S. District Court in New Jersey.