The Massachusetts Appeals Court held today in Wells Fargo v. Cook that the HUD pre-foreclosure requirements are a valid foreclosure defense for FHA loans. As I have written before, FHA loans--aimed at helping low-income Americans buy homes--contain specific pre-foreclosure requirements within the mortgage itself. The question for the Court was whether a lender's failure to comply with one of thse requirements made the foreclosure void and, whether a homeowner could raise this as a defense post-foreclosure. In Cook, the Appeals Court held that these pre-foreclosure requirements could be raised as a defense to foreclosure. The Court's decision will be a benefit for homeowners with FHA loans in need of assistance defending against foreclosure.
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http://maforeclosurelawblog.sherwinlawfirm.com/2015/05/WellsFargovCook.html
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