Counseling Notice Is Required Before Foreclosure
By L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney on Aug 9, 2009 in Foreclosure Defense
Virtually every mortgage lender in the country must give a list of HUD-approved counselors within 45 days after a payment is missed. The only exception is for those mortgages assisted by the Farmers Home Administration.
The requirement is found in the Homeownership Counseling Act. Here are the pertinent pages from the FDIC Compliance Handbook.
There is no stated consequence for a lender’s failure to provide the required list. However, at least one Florida court denied a right to foreclose for this reason.
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