Can Promissory Estoppel apply to prevent a foreclosure?

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Owner agrees with nieghbor to have nieghbor make mortgage payments with promide to assign deed. Nieghbor makes payments and Owner files BK and B of A starts FC. Nieghbor enters into a payment agreement with B of A. Now, B of A says nieghbor has no standing even after making payments and has scheduled a sale of the home. Original Owner long gone. Would Promissory Estoppel establish standing for nieghbor?

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John Habashy 264211.Html ·
I cant see the "promissory estoppel" with regards to BOFA....perhaps against the original owner (or "trustor"). I do see a "constructive trust" issue....you may have third party standing as the "constructive trustor" Very complicated scenario. One easy fix would be to ask the original owner to cooperate and solidify a work out plan with BOFA in writing. The original owner would sign the agreement and then the two parties can create a private agreement on monthly payments and future duties to the home (beware: this is a very difficult process and you should see an attorney).* best of luck!
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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
No. Only the written agreement between the neighbor and B of A could establish standing. I seriously doubt that it does. If it did then, perhaps, promissory estoppel would come into play so long as the neighbor was living up to the terms of the agreement.
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Kevin Spainhour ·
I have never seen promissory estoppel applied that way before in a foreclosure case. To prevail on a promissory estoppel case a plaintiff would have to show that a defendant made a clear and unambiguous promise to plaintiff that Plaintiff reasonably relied upon to their detriment. To establish standing a plaintiff would have to have an injury in fact. I am puzzled why it is that BofA would even talk to the neighbor. Did BofA even know they were talking to the neighbor? Did the owner give BofA written consent to discuss the Owners loan with the neighbor? Was the payment agreement between BofA and the neighbor in writing? If the neighbor made the payments to BofA, why is it that BofA is foreclosing? From a strictly legal hypothetical, it is possible for the neighbor to sue BofA if the neighbor can show that BofA made a clear and unambiguous promise to the neighbor and the neighbor relied upon that promise to their detriment. However, without the neighbor being able to establish a legal ownership interest in the real property or a promise to convey title by BofA, I could certainly see standing relating only to the claims for the loss of the money the neighbor paid to BofA and not for claims relating to title of the real property.
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