In a class-action lawsuit alleging bad faith foreclosure tactics, a Massachusetts couple sued Washington Mutual Bank for negligent misrepresentation. In their complaint, the borrowers allege that WaMu foreclosed on their home despite public statements that it would assist distressed borrowers in fashioning repayment plans and other alternatives to foreclosure, as well as statements directly to the Pestanas that it would not foreclose while it considered their application for homeowners assistance. The borrowers filed the lawsuit on behalf of themselves and a class of similarly situated Massachusetts residents to challenge WaMu's lack of good faith during the process of foreclosure.
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