Thank you for your reply, Adrienne.
If someone in your situation wishes to have this matter adjudicated by the Court, then it is best to move before
foreclosure, rather than after.
What someone in your situation may wish to do is twofold:
1) File a complaint due to the RESPA violation with the U.S. Department of Housing
and Urban Development. This may be done by sending a letter explaining the situation to:
Director, Office of RESPA and Interstate Land Sales
U.S. Department of Housing and Urban Development
Washington, DC 20410
, New York Attorney General, or the Department of Financial Services may file a suit against Wells Fargo / US Bank due to the violation on your behalf. However, the issue is that they may take months
to do so. As such, someone in your situation may be more interested in filing a suit yourself
When a suit is filed, one may ask for temporary orders while the trial is pending to delay/disallow
the foreclosure until the matter is heard under Fed. R. of Civ. Proc. Rule 65 et seq
, and the Court may agree. The whole suit itself would be filed in federal District Court - RESPA is a federal law.
The issue is that if the foreclosure is already filed, it may be harder to stop it by utilizing a suit under RESPA. So it is best
to file any such suit before, and then ask for temporary orders not allowing the lender to foreclose until the matter is heard. The Court should agree if it feels that the Plaintiff (i.e. you) has a case.
Of course, an attorney is recommended. Please let me know if you need leads for pro bono / low cost counsel in the state, and I would be happy to provide them.
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