Mr. Marques went pro se, and beat the big boys.
Judge sent him home with a leave to amend, but a clear victory.
Judge basically said if you are an intended 3rd party for a federal contract YOU CAN SUE FOR BREACH OF CONTRACT... WOO HOOO.....
Wells Fargo lawyers tried to get the case transferred to a DC court ( home owner is in CA) judge did not go for it!
Come on for how long to you think you can rob us in BROAD DAYLIGHT... its getting too obvious now.
“On or about April 13, 2009 Defendant entered into the Commitment to Purchase Financial Instrument and Servicer Participation Agreement for the Home Affordable Modification Program under the Emergency Economic Stabilization Act of 2008 with Federal National Mortgage Association (“Fannie Mae”) and agreed to perform certain loan modification and foreclosure prevention services for eligible loans.”
“Plaintiff filed a complaint in San Diego County Superior Court alleging breach of the Agreement on the theory that he is a third-party beneficiary under California Civil Code Section 1559, that his loan was eligible for modification, Defendant refused to offer to modify it under the Agreement, but instead commenced foreclosure proceedings.”