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Tina, Lawyer
Category: Real Estate Law
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Experience:  17 years of legal experience including real estate law.
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Wells Fargo Bank violated 12 cfr 1024.41(g) and foreclosed

Customer Question

Wells Fargo Bank violated 12 cfr 1024.41(g) and foreclosed on my house.
The bank received judgment by signing consent judgment with wells fargo bank the consent judgment does not have my signature.
The circuit court would not reverse the consent judgment
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

(g) Prohibition on foreclosure sale. If a borrower submits a complete loss mitigation application after a servicer has made the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process but more than 37 days before a foreclosure sale, a servicer shall not move for foreclosure judgment or order of sale, or conduct a foreclosure sale, unless:

(1) The servicer has sent the borrower a notice pursuant to paragraph (c)(1)(ii) of this section that the borrower is not eligible for any loss mitigation option and the appeal process in paragraph (h) of this section is not applicable, the borrower has not requested an appeal within the applicable time period for requesting an appeal, or the borrower's appeal has been denied;

(2) The borrower rejects all loss mitigation options offered by the servicer; or

(3) The borrower fails to perform under an agreement on a loss mitigation option.

3. See questions 1 & 2 on the pane above. Also, please let me know which one of these prongs the bank foreclosed under.