446 F. App'x 158
11th Cir.2011Background
- Nelson filed a verified complaint for a declaratory judgment against Bank of America, N.A. and BAC Home Loans Servicing, LP.
- She alleged the defendants participated in the Home Affordable Mortgage Program (HAMP) and that she had a Temporary Agreement with them.
- Nelson claimed the defendants failed to satisfy obligations under the Temporary Agreement per HAMP and sought a declaratory judgment governing her mortgage modification.
- The district court dismissed, holding HAMP does not create a private right of action and Nelson is not a proper party for private remedies; no subject matter jurisdiction.
- The Eleventh Circuit reviews de novo whether a statute provides a private right of action, citing Love v. Delta Air Lines.
- The panel held there is no private right of action under HAMP and affirmed the district court’s dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does HAMP create a private right of action? | Nelson contends HAMP creates private rights. | Bank of America argues HAMP provides no private remedy. | No private right of action under HAMP. |
Key Cases Cited
- Thompson v. Thompson, 484 U.S. 174 (U.S. 1988) (congressional intent governs implication of private remedies; absent explicit or implicit remedy, none exists)