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Jaffri v. JPMorgan Chase Bank, N.A.

Court of Appeals of Indiana

February 13, 2015

Tracey M. Jaffri, Appellant-(Defendant/Counterclaim Plaintiff Below),
v.
JPMorgan Chase Bank, N.A., Appellee-(Plaintiff/Counterclaim Defendant Below)

Appeal from the Hendricks Superior Court. Cause No. 32D02-1006-MF-102. The Honorable David H. Coleman, Judge.

ATTORNEY FOR APPELLANT: Gregory W. Black, Gregory W. Black, P.C., Plainfield, Indiana.

ATTORNEYS FOR APPELLEE: David J. Jurkiewicz, Nathan T. Danielsom, Bose McKinney & Evans, LLP, Indianapolis, Indiana.

Barnes, Judge. Friedlander, J., and Pyle, J., concur.

OPINION

Page 636

Barnes, Judge.

Case Summary

[¶1] Tracey Jaffri appeals the trial court's dismissal of her counterclaims against JP Morgan Chase Bank, N.A. (" Chase" ), filed in response to Chase's mortgage foreclosure action. We affirm.

Page 637

Issue

[¶2] The restated issue before us is whether the trial court properly dismissed Jaffri's counterclaims alleging Chase had acted improperly in failing to modify her mortgage after she went into default.[1]

Facts

[¶3] The facts as alleged by Jaffri are that in 2006, she purchased a home in Hendricks County through a mortgage and promissory note that eventually came into Chase's possession. After losing her job and subsequently becoming disabled in 2009, Jaffri fell behind on her mortgage payments. Jaffri and Chase then entered into discussions regarding possible modification of her mortgage terms under the federal government's Home Affordable Modification Program (" HAMP" ), which was established in 2009 to help those in default on their mortgage to avoid foreclosure. Those discussions were not successful, despite Jaffri's contention that she was eligible for a HAMP modification and that she made multiple applications to participate in the program.

[¶4] On June 18, 2010, Chase filed a complaint to foreclose Jaffri's mortgage. On January 19, 2011, Jaffri filed an answer and two counterclaims, for breach of contract and breach of good faith and fair dealing. On December 5, 2013, Jaffri amended her counterclaims to allege negligence, breach of fiduciary duty, constructive fraud, and intentional infliction of emotional distress against Chase. Specifically, Jaffri alleged that ...


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