Wright v. Bank of Am., N.A., No. 10-cv-1723, 2010 U.S. Dist. LEXIS 73807, at *9-15 (N.D. Cal. July 22, 2010) - July 22, 2010, Judge Jeremy Fogel, of the United States District Court for the Northern District of California, held that borrowers are not intended third-party beneficiaries of the Servicer Participation Agreement and, therefore, lack standing to sue for an alleged breach of the agreement.
Hoffman v. Bank of America, N.A., No. 10-cv-2171, 2010 U.S. Dist. LEXIS 70455, at *8-14 (N.D. Cal. - Jun. 30, 2010. On June 30, 2010, Judge Susan Illston, of the United States District Court for the Northern District of California, held that borrowers are not intended third-party beneficiaries of the Servicer Participation Agreement and, therefore, lack standing to sue for an alleged breach of the agreement.
Simmons v. Countrywide Home Loans, Inc., No. 09-cv-1245, 2010 U.S. Dist. LEXIS 65031, at *7-115 (S.D. Cal. Jun. 28, 2010) On June 28, 2010, Judge John A. Houston, of the United States District Court for the Southern District of California, held that borrowers are not intended third-party beneficiaries of the Servicer Participation Agreement and, therefore, lack standing to sue for an alleged breach of the agreement.
Benito v. Indymac Mortgage Services, No. 2:09-cv-1218, 2010 U.S. Dist. LEXIS 51259, at *18-22 (D. Nev. May 21, 2010) (Attached as Exhibit 2).Judge Philip M. Pro, of the United States District Court for the District of Nevada, similarly held that borrowers are not intended third-party beneficiaries of the Servicer Participation Agreement and, therefore, lack standing to sue for an alleged breach of the agreement.
Marks v. Bank of America, N.A.,No. 3:10-cv-08039, 2010 U.S. Dist. LEXIS 61489, at *6-13 (D. Ariz. Jun. 21, 2010) On June 21, 2010, Judge James A. Teilborg, of the United States District Court for the District of Arizona, held that borrowers are not intended third-party beneficiaries of the Servicer Participation Agreement and, therefore, lack standing to sue for an alleged breach of the agreement.
