Pennington: onward and upward
The 5th Circuit U.S. Court of Appeals has upheld the Austin federal district court's dismissal of Pennington v. HSBC Bank and Wells Fargo Bank. Any further appeal must now go to the U.S. Supreme Court. Pennington involves HAMP-program participants who never got finalized loan modifications from Wells Fargo Bank. The 5th Circuit did not examine the Tex. Const. Section 50 claim apart from a footnote. I continue to believe that HAMP form trial plans and permanent modifications are incompatible with Section 50. Any time a borrower gets a schedule of payments that do not pay all accrued interest each month, that seems to run afoul of Section 50, which requires that home equity loans be paid down every month. It will be interesting to see if Plaintiffs seek Supreme Court review.