Lender Performs as Agreed
The Lender must also have to hold up his end of the Contract.
Lender must follow not only the Terms of the Mortgage and note but also all State and Federal Laws and Regulations
One of the requirements to foreclose on a HUD loan is that the servicer must attempt to hold a face-to-face meeting with the homeowners before three payments have been missed. In Banker’s Life v. Denton, homeowners raised the failure to hold the meeting as a defense against foreclosure. Also, the servicer did not send the request for the meeting via certified mail or attempt to visit the borrowers at the property. The court found for the owners in this case