Legal Topics

Mortgage foreclosure — Conditions precedent — Federal HUD regulation requiring that mortgagee have face-to-face interview with mortgagor, or make a reasonable effort to arrange such a meeting 

Nov 06th, 2022 in by admin

Mortgage foreclosure — Conditions precedent — Federal HUD regulation requiring that mortgagee have face-to-face interview with mortgagor, or make a reasonable effort to arrange such a meeting — Based on discrepancies in testimony of representative of process server for mortgagee regarding alleged visit to the mortgaged property and mortgagor’s testimony, court finds that mortgagee failed to meet burden to prove that it complied with requirement to visit property for purpose of arranging face-to-face interview — Mortgagor was prejudiced by failure to make reasonable effort to arrange face-to-face interview where failure denied him help that he was entitled to as FHA borrower