Topchian v. JPMorgan Chase Bank, N.A., No. 13-2128 (8th Cir. 2014)Annotate this Case
Plaintiff appealed the district court's dismissal of his case, arguing that his allegations of fact sufficiently stated a claim for, inter alia, breach of contract. Plaintiff's claim arose from a mortgage modification process he entered into with Chase under the Home Affordable Modification Program (HAMP). The court concluded that plaintiff stated a claim for breach of contract by alleging sufficient facts to show that the elements of a contract exist, that the conditions precedent were satisfied or waived, and that an exception to the statute of frauds applied. The court agreed with the district court that plaintiff failed to state a claim for fraudulent misrepresentation, negligent misrepresentation, and unjust enrichment. Accordingly, the court affirmed in part and reversed in part, remanding for further proceedings.
Court Description: Civil case - Contracts. By pleading sufficient facts to show the elements of a contract exist, that the conditions precedent were satisfied or waived and that an exception to the statute of frauds applied, plaintiff stated a claim for breach of contract in connection with his request for a loan modification, and the district court erred in dismissing the claim; plaintiff failed to state a claim for fraudulent or negligent misrepresentation and the district court did not err in dismissing those claims; nor did plaintiff state a claim for fraudulent enrichment.