EverBank failed to comply with HUD Face-to-Face Requirements

EverBank failed to comply with a condition precedent to foreclosure, imposed by HUD regulations, requiring that in the event of payment default, the mortgagee have a face-to-face meeting with the mortgagor, or make a reasonable effort to do so. 
This was a Massachussets Appeal Court case entitled Everbank v. Chacon, that was originally filed in the Chapter 7 bankruptcy court.

The regulation reads, “[t]he mortgagee must have a face-to-face interview with the mortgagor, or make a reasonable effort to arrange such a meeting,” before commencing foreclosure proceedings or acquiring title to the property. 24 C.F.R. § 203.604(b) (2016). See 24 C.F.R.§ 203.500 (2016).

The purpose of a face-to-face interview is to discuss  the possibility of a repayment plan, modification of the mortgage, or other measures that may avoid the need for foreclosure and allow the mortgagor to remain in his or her residence and repay the loan, thus minimizing the need for HUD,as insurer, to pay losses to mortgagees. See 24 C.F.R. §§ 203.501, 203.600-203.616 (2016).

 



7 Responses

  1. Also be careful. #1: There never was ever a loan in the first place. #2: Make them prove it. #3: These tactics such as face to face are tricks to getting you to confess that there is a loan.

  2. What are the statute of limitations for this?

  3. Reblogged this on Deadly Clear.

  4. Dr. Mr. Belanger: If they don’t know this stuff, run away from their office fast!!!!

  5. This regulation mimics that of Calif Civil Code sec 2923.55(b), et seq, requiring a reach out with the mortgagee/borrower prior to filing a Notice of Default. If it doesn’ t occur properly, no non-judicial foreclosure is permitted in California. CRD can be contacted at 818.453.3585 for assistance for pro se litigants and law firms wishing help. Ask for Sara or Steve when you reach out.

  6. who ever heard of this..????….works for all of us….

    From: Livinglies’s Weblog To: createwealthceo@yahoo.com Sent: Wednesday, August 2, 2017 3:22 PM Subject: [New post] EverBank failed to comply with HUD Face-to-Face Requirements #yiv8883857766 a:hover {color:red;}#yiv8883857766 a {text-decoration:none;color:#0088cc;}#yiv8883857766 a.yiv8883857766primaryactionlink:link, #yiv8883857766 a.yiv8883857766primaryactionlink:visited {background-color:#2585B2;color:#fff;}#yiv8883857766 a.yiv8883857766primaryactionlink:hover, #yiv8883857766 a.yiv8883857766primaryactionlink:active {background-color:#11729E;color:#fff;}#yiv8883857766 WordPress.com | Neil Garfield posted: “EverBank failed to comply with a condition precedent to foreclosure, imposed by HUD regulations, requiring that in the event of payment default, the mortgagee have a face-to-face meeting with the mortgagor, or make a reasonable effort to do so.  Thi” | |

  7. please tell why all so called lawyer, DONT KNOW THIS.OR DOES NOT WANT TO REALLY HELP. UNTIL THEY TAKE 10,20,50,80 THOUSANDS DOLLARS. AND THEY CALL CAR SALESMAN CROCKS. HAHAHAHAH

    THAT SHOULD BE THE FIRST .

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