Reversal on face-to-face requirement for mortgage foreclosure

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 7, 2021 11:06 AM

Fifth Third Mortgage Co. thought it could skip the federal requirement for a face-to-face meeting with Angela McCord before it filed a mortgage foreclosure case. The regulation, applicable because the mortgage on McCord’s single-family residence was insured by the government, has an exception for situations where “the mortgagor has clearly indicated that he will not cooperate in the interview.” 24 C.F.R. Sec. 203.604. Based on evidence McCord instructed the mortgagee to direct all communications to her …

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