Johnson v. World Alliance Fin. Corp., No. 15-50881 (5th Cir. 2016)
Annotate this CasePlaintiff filed suit against WAF and RMS, alleging breach of a reverse mortgage agreement and fraudulent inducement. Plaintiff primarily argued that the property’s foreclosure could have been avoided if WAF had not issued a Home Equity Conversion Mortgage (a HECM) in violation of the United States Housing and Urban Development (HUD) guidelines. The court held that HUD regulations govern the relationship between the reverse-mortgage lender and HUD as insurer of the loan. HUD regulations do not give the borrower a private cause of action unless the regulations are expressly incorporated into the lender-borrower agreement. The court affirmed the district court's summary judgment dismissal, holding that plaintiff cannot assert a claim against defendants for breach of HUD regulations, there was no breach of contract, and no valid fraudulent inducement claim.
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