Rhode Island Supreme Court Concludes that Door Hanger Left by Mortgage Servicer Prior to Foreclosure Satisfied HUD Face-to-Face Requirement
In Montaquila v. Flagstar Bank, the Rhode Island Supreme Court rejected a borrower's attempt to expand the plain language of the U.S. Department of Housing and Urban Development's (HUD) federal regulation requiring loan servicers of FHA-backed mortgages to conduct a face-to-face meeting or make a "reasonable effort" to arrange a face-to-face meeting with the borrower prior to foreclosing. In reaching this conclusion, the court noted that the regulation only requires a trip to the property to arrange a face-to-face meeting; the actual face-to-face meeting is not required at this visit.
Montaquila claimed that the loan servicer violated the face-to-face meeting regulation by sending a third-party vendor to the property to deliver a door hanger rather than sending a representative to arrange the meeting. In support of this claim, the borrower argued that the vendor did not have the authority to conduct a face-to-face meeting with the borrower and that the door hanger left by the vendor did not include information related to the purpose of the visit. The Rhode Island Supreme Court rejected this argument, concluding that a door hanger left by the vendor satisfied the modest property visit requirements of the regulation.
HUD's face-to-face regulation provides that a reasonable effort to arrange a face-to-face meeting must include "at least one trip to see the mortgagor at the mortgaged property …." While the Rhode Island Supreme Court in Montaquila did not rely on federal case law for support, their holding is consistent with the position taken by federal courts in the First Circuit. For example, in Donahue v. Fannie Mae, a borrower challenged the mortgage lender's face-to-face compliance on the grounds that the individual who left the door hanger lacked the qualifications or authority to conduct a face-to-face meeting that could potentially resolve mortgage delinquencies. The First Circuit rejected this argument, concluding that the regulation did not impose a requirement for the individual delivering the door hanger to have the authority to conduct a face-to-face meeting on the spot. Likewise, in Dan-Harry v. PNC Bank, N.A., the Rhode Island federal court dismissed a borrower's face-to-face dispute concluding that the statute's clear language provides that the purpose of the face-to-face trip is 'to arrange' the meeting, not to conduct it at that moment.
Hinshaw continues to monitor developing case law on compliance with face-to-face regulations and other pre-foreclosure challenges posed by borrowers.
Topics
- ACA
- ACA International
- Amicus Brief
- Anti-Discrimination Policy
- Appellate Decisions
- Appointment Power
- Appraised Value
- Arbitration
- Arbitration Rule
- Article III Standing
- ATDS
- Attorneys' Fees
- Auto-Dialer
- Automatic Telephone Dialing System
- Bankruptcy
- Bankruptcy Code
- behavioral economics
- Biden Administration
- Biometric Information Privacy Act
- Bitcoin
- Blockchain
- BNPL
- Business Records
- California
- California Consumer Financial Protection Law
- California Consumer Privacy Act
- California Court of Appeal
- California Department of Financial Protection and Innovation
- Car Dealership
- CARES Act
- CCPA
- CDC
- CFPA
- CFPB
- Chapter 11 Bankruptcy
- Chapter 13 Bankruptcy
- Chapter 7 Bankruptcy
- Circuit Split
- City of Miami
- Civil Contempt
- Claim-Splitting
- Class Action
- Class Action Fairness Act of 2005
- Class Certification
- Climate Change
- Cole Memorandum
- Colorado
- Commercial Foreclosure
- Communications
- Compliance
- Compliance Audit
- Compliance Corner
- Congressional Review Act
- Connecticut
- Connecticut Insurance Department
- Constitutional Claims
- Consumer Data Privacy
- Consumer Disclosures
- Consumer Financial Protection Act
- Consumer Financial Protection Bureau
- Consumer Protections
- Coronavirus
- Coronavirus Aid, Relief, and Economic Security Act
- Corporate Compliance
- Corporate Governance
- COVID-19
- CPRA
- Craigslist
- Credit Report
- Credit Reporting Agencies
- Creditor
- Cryptocurrency
- cyber regulation
- Cybersecurity
- D.C. Circuit Court of Appeals
- Damages
- Data Breach
- Data Privacy Laws
- Data Security
- Debt Buyers
- Debt Collection
- Debt Collector
- Debt Dispute
- Debt Purchase
- Debtor
- Deceased Debtors
- Default Notice
- Department of Education
- Department of Financial Protection and Innovation
- Department of Financial Services
- DFPI
- DFS
- DFS Part 500
- Digital Financial Asset Law
- Disclosure
- Discovery Rule
- District of Columbia
- Document Retention
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Due Process Clause
- ECOA
- Economic Impact Payment
- Education
- Education Debt
- Eighth Amendment
- Electronic Communications
- Eleventh Amendment
- Eleventh Circuit Court of Appeals
- Employee Benefits
- Employer Participation Student Loan Assistance Act
- Equal Opportunity Act
- European General Data Privacy Regulation
- Eviction
- Excessive Fines Clause
- Executive Order
- Exempt Status
- Exemption
- FACTA
- Fair and Accurate Credit Transactions Act
- Fair Credit Billing Act
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Fair Employment and Housing Act
- Fair Lending
- Fair Market Value
- Fairness in Class Action Litigation Act of 2017
- FCBA
- FCC
- FCRA
- FDCPA
- Federal
- Federal Arbitration Act
- Federal Communications Commission
- Federal Housing Administration
- Federal Housing Finance Agency
- Federal Rules of Civil Procedure
- Federal Rules of Civil Procedure 68
- Federal Trade Commission
- FHA
- Fifth Amendment
- Fifth Circuit Court of Appeals
- Final Rule
- Financial CHOICE Act
- Financial Registration
- Financial Regulatory
- Financial Risk
- FinTech
- First Amendment
- First Circuit Court of Appeals
- Florida
- Florida Supreme Court
- For-Profit Student Loans
- Forbearance
- Forbearance Agreement
- Foreclosure
- Foreclosure Sale
- Fourteenth Amendment
- Fourth Circuit Court of Appeals
- FTC
- Furnishers
- GDPR
- hacking
- Hardship Declaration
- HealthTech
- Hearsay
- HMDA
- Hobbs Act
- HUD
- Human Intervention Test
- Hunstein
- IDFPR
- Illinois
- Illinois Consumer Fraud and Deceptive Business Practices Act
- Illinois Predatory Loan Prevention Act
- Illinois Student Loan Bill of Rights
- Illinois Supreme Court
- Investigation
- IRS
- Judicial Estoppel
- Kathleen Kraninger
- Kentucky
- kickbacks
- Lack of Standing
- Landlord and Tenant
- Least Sophisticated Consumer Standard
- Legal Standing
- Legislation
- Lender Credit Bid
- LGBTQ
- Licensing
- Litigation
- Loan Defaults
- Loan Discharge
- Loan Modification
- Loan Servicing
- Louisiana
- Maine
- Mandatory Arbitration
- Marijuana
- Marketing Services Agreements
- Maryland
- Massachusetts
- Massachusetts Appeals Court
- Massachusetts Consumer Protection Act
- Massachusetts Land Court
- Massachusetts Supreme Judicial Court
- Material Misrepresentation
- Materiality Requirement
- Medical Debts
- Medical Expenses
- Medical Marijuana
- Minnesota
- Monetary Damages
- Mortgage
- Mortgage Acceleration
- Mortgage Debt
- Mortgage Foreclosure
- Mortgage Loan Acceleration
- Mortgage Loans
- Mortgage Servicers
- Mortgage Servicing
- Motion to Dismiss
- MSA
- Municipal Code
- Municipal Code Violations
- Nevada
- New Jersey
- New York
- New York Court of Appeals
- New York Department of Financial Services
- New York Legislation
- New York Real Property Procedures and Acts
- Ninth Circuit Court of Appeals
- NMLS
- North Carolina
- North Carolina Consumer Finance Act
- North Dakota
- Notice of Proposed Rule Making
- NPRM
- NYCRA
- NYS DFS
- Obama Administration
- OFAC
- Office of Foreign Assets Control
- Origination
- Paragraph 22
- Part 500
- Pennsylvania
- Personal Jurisdiction
- Post-Discharge-Communications
- PPP
- Pre-Foreclosure Mediation
- Preemption
- Privacy
- Private Colleges and Universities
- Private Right of Action
- Private Student Loans
- Property Rights
- Property Value
- Proposed Legislation
- Real Estate Settlement Act
- Redlining
- referral fees
- Regulated Entities
- Regulated Non-Depositories
- Regulated Organizations
- Regulation
- Regulation X
- Regulatory
- Regulatory Compliance
- Regulatory Relief
- Remote Working
- Residential Foreclosure
- RESPA
- Reverse Mortgage
- Revocation Claims
- Revocation of Election to Accelerate
- Rhode Island
- Rhode Island Supreme Court
- Richard Cordray
- RICO
- Right of Redemption
- Right to Cure
- Right to Cure Notice
- Right to Reinstate
- Risk Management
- Robocalls
- Rohit Chopra
- S.A.F.E. Mortgage Licensing Act
- Safe-Harbor Provision
- Sanitary Codes
- SCOTUS
- Second Circuit Court of Appeals
- Securities & Exchange Commission
- Separation of Powers
- Settlement
- Settlement Conference
- Seventh Circuit Court of Appeals
- Sixth Circuit Court of Appeals
- Social Media
- Standard of Proof
- Statute of Limitations
- Statutory Damages
- Statutory Interpretation
- Stimulus
- Student Loans
- Students
- Supreme Court of the United States
- Tax
- Tax Implications
- Tax Lien
- TCPA
- Telephone Consumer Protection Act
- Texas
- Texting
- Third Circuit Court of Appeals
- TILA
- Trump
- Trump Administration
- Truth in Lending Act
- U.S. Constitution
- U.S. Department of Housing and Urban Development
- UCC
- UDAAP
- Unauthorized Use
- Undue Hardship
- Unfair and Deceptive Practices
- Unfair Competition
- Uniform Commercial Code
- United States Treasury
- Unsolicited Advertisement
- Usury Laws
- Utah
- Video Conferencing
- Virginia
- Virtual Currency Business Act (VCBA)
- Voluntary Discontinuance
- Voluntary Dismissal
- Washington D.C.
- Wisconsin
- Wisconsin Consumer Act