Williamson v. The Bank Of New York Mellon

947 F. Supp. 2d 704 (2013)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 2011, Williamson (P) was no longer able to make her mortgage payments, so she and Countrywide entered into a 'loan modification agreement.' P made three trial payments, but P alleges that Countrywide allegedly did not apply these trial payments to the loan's outstanding balance. D later acquired the note and deed. D refused to honor the alleged Williamson-Countrywide modification agreement. P applied for a loan modification from D on four occasions, and each was denied. D foreclosed on the Property.

P sued D for claims arising out of the foreclosure. D removed the case and then moved to dismiss. The attorneys exchanged a number of emails in an attempt to settle the dispute. D offered P $2500, but P must vacate the Property no later than January 24, 2013, and release all the claims she asserted against the D. P counteroffered for $4000 and would vacate on or before February 1. That offer was to remain open until 3:00pm today. D inquired for clarification on the terms. D then replied: 'That's doable. I'll probably need seven days to get your client a draft Settlement Agreement to review, then it'll probably take a few weeks to get it executed on my side. . . . We should probably get something on file with the court letting the Judge know we are trying to paper a settlement.' D's attorney concluded his emails to P's attorney with his first name, 'Marc.' P's attorney closed his with a 'signature block' - a block of text containing McInnis's name and contact information. The parties jointly notified the Court that they had 'reached an agreement on terms of settlement.' P terminated her attorney's representation. The court granted, a motion to withdraw. P then refused to abide by the terms of the settlement agreement negotiated on her behalf. D now moves to enforce the agreement.