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Is There an Emerging Trend in Post-Foreclosure Litigation Under Regulation X?

June 2017 - ABA Consumer Financial Services Committee Newsletter
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by Allison Burke, Paul Janowicz, and Brian Laliberte, published in ABA Consumer Financial Services Committee Newsletter

A new wave of foreclosure litigation may be gaining strength. Lawyers who previously defended foreclosures have transitioned to a plaintiffs’ practice focused on holding lenders accountable in the post-foreclosure context. They are using Regulation X to do it. Regulation X contains rules concerning loss mitigation and error resolution procedures. Post-foreclosure Regulation X lawsuits allege both substantive (e.g., failure to review an application) and highly technical (e.g., failure to send acknowledgment of receipt of correspondence) violations of its loss mitigation rules. Read the article here.

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