Skip to main content
Foreclosure Defense Florida

Defense In Foreclosure- The Bank Failing to Perform Modifications Properly! (but banks can ignore the national mortgage settlement)

How many hundreds of millions of man (and women) work hours have been lost as Americans send paperwork back and forth and struggle to obtain mortgage modifications?
And what if it were finally proven (what we all know to be the case)?
The banks are cheating, the banks are lying, the banks are failing to fulfill their obligations under the various federal programs that mandate consumers be considered for loan modifications.
Well, courts should consider the harm done to Americans…and some courts are.   Like the following opinion:
The Court first finds that when the facts are viewed in the light most favorable to Defendants, there is a genuine issue of material fact on the question of whether the mortgage is subject to the terms of the Freddie Mac Single-Family Seller/Servicer Program. The summary judgment record is not conclusive on this issue. Further, with respect to HAMP, the Court finds there is a genuine issue of material fact on the question of whether Plaintiff complied with HAMP requirements before initiating this action. Plaintiff’s Motion and supporting documents include no discussion of Plaintiff’s efforts to comply with HAMP, or any argument as to why HAMP compliance may not be necessary under these facts.
The Court turns to the question of whether there is a fact issue as to Plaintiff’s compliance with the National Mortgage Settlement. The Court has reviewed the terms of the Settlement, and concludes the Settlement does not provide for enforcement of the terms thereof by homeowners. Therefore, the National Mortgage Settlement provides no legal basis for denial of Plaintiff’s Motion for Summary Judgment.
Finally, the Court considers whether Plaintiff has unclean hands and is prohibited from seeking the equitable relief of foreclosure. Based on the fact issues that exist regarding Plaintiff’s compliance with the Freddie Mac Single-Family Seller/Servicer Program and HAMP, the Court concludes there also are facts issues on the question of Plaintiff’s allegedly unclean hands in bringing this action. The fact-findings on the Freddie Mac/HAMP issues will impact Defendants’ argument regarding Plaintiff’s allegedly unclean hands.
Due to the existence of fact issues on the questions of compliance with Freddie Mac/HAMP programs, as well as fact issues on the unclean hands doctrine, the Court finds Plaintiff’s Motion for Summary Judgment should be denied as to Defendants Schinke. Default should be entered against Defendant Household Finance Industrial Loan Company of Iowa. However, entry of default judgment shall be withheld pending the finalization of Plaintiff’s claims against Defendants Schinke.
EQCV077115 Wells Fargo v Schinke sj ruling April 2013 email
 

Leave a Reply