01/25/2013 02:21:47 PM EST
5th Circuit: Loan Servicer's Alleged Breach Of Oral Agreement Unenforceable
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LexisNexis® Mealey's™ Mortgage Lending Legal News
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Jan. 18 affirmed an award of summary judgment to a mortgage lender and loan servicer after agreeing with a federal judge in Texas that the plaintiff could not pursue a breach of contract claim over the loan servicer's alleged breach of an oral promise to suspend foreclosure proceedings while his loan modification application was being considered (Lawrence M. Milton v. U.S. Bank N.A., et al., No. 12-40742, 5th Cir.; 2013 U.S. App. LEXIS 1336).
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