Wigod v. Wells Fargo Bank, N.A.

Wigod (plaintiff) obtained a trial loan modification from Wells Fargo (defendant) under the federal HAMP program, made all required trial payments, but was denied a permanent modification after Wells Fargo's second eligibility review, which Wigod claimed was never disclosed to her and rested on a miscalculated property-tax figure. She brought a putative class action asserting breach of contract, promissory estoppel, negligent hiring and supervision, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation and concealment, and a claim under Illinois's Consumer Fraud Act. The district court dismissed the complaint entirely, reasoning HAMP created no private right of action; Wigod appealed.

Whether the federal Home Affordable Mortgage Program preempts state tort and contract claims arising from a lender's handling of a loan modification.