The Fair Housing Act: Conditions required prior to foreclosure

The Fair Housing Act: Conditions required prior to foreclosure

Doucet & Associates argued before the Fifth District that certain conditions must be met before foreclosing on a Fair Housing Act (FHA) loan. In Wells Fargo Bank, N.A. v. Gerst, 5th Dist. Delaware No. 13CAE-05-0042, 2014 WL 108788 (Jan. 9, 2014), The Fifth District reversed the trial’s court’s finding that HUD’s face-to-face meeting requirement was an affirmative defense, and not a condition precedent to the plaintiff-appellee’s foreclosure action. The court stated: “Appellee has failed to establish it complied with the regulation that it have a face-to-face interview with Appellants, or made a reasonable effort to arrange the interview, before bringing the foreclosure action. Further, the letters sent to Appellants . . . cannot be used to demonstrate even minimal compliance with Section 203.604, Title 24 C.F.R., because subsection (d) of that rule prescribes a certified letter as the minimum requirement for a reasonable effort to arrange a face-to-face meeting.”

 

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