C.F.R.
»
Title 24
» CHAPTER II—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › SUBCHAPTER B—MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES › PART 203—SINGLE FAMILY MORTGAGE INSURANCE › Subpart C—Servicing Responsibilities
This subpart identifies servicing practices of lending institutions that HUD considers acceptable for mortgages insured by HUD. Failure to comply with this subpart shall not be a basis for denial of insurance benefits, but failure to comply will be cause for imposition of a civil money penalty, including a penalty under § 30.35(c)(2), or withdrawal of HUD's approval of a mortgagee. It is the intent of the Department that no mortgagee shall commence foreclosure or acquire title to a property until the requirements of this subpart have been followed.
[70 FR 21578, Apr. 26, 2005]
Notes of Decisions
Fleet Real Est. Funding Corp. v. Smith, 530 A.2d 919 (Pa. 1987).
· cites it 14× “The regulations are set forth at 24 C.F.R. §§ 203.500 through 203.660, while the guidelines are contained in HUD Handbook 4330.”
Pfeifer v. Countrywide Home Loans, Inc., 211 Cal. App. 4th 1250 (Cal. Ct. App. 2012).
· cites it 6× “604 (2012); see also 24 C.F.R. § 203.500 (2012).) They maintain that the HUD regulations are conditions precedent that must be complied with prior to a mortgagee’s having the right to foreclose.”
Mathews v. PHH Mortg. Corp., 724 S.E.2d 196 (Va. 2012).
· cites it 5× “" The first section in Subpart C is 24 C.F.R. § 203.500 , which further states that " [i]t is the intent of the Department that no mortgagee shall commence foreclosure or acquire title to a property until the requirements of this subpart have been followed.”
Wells Fargo Bank, N.A. v. Goebel, 2014-Ohio-472, 6 N.E.3d 1220.
· cites it 3× “16 {¶ 25} In relevant part, 24 C.F.R. §203.500 states: “It is the intent of the Department [of Housing and Urban Development] that no mortgagee shall commence foreclosure * * * until the requirements of this subpart have been followed.”
Fonteno v. Wells Fargo Bank, N.A., 228 Cal. App. 4th 1358 (Cal. Ct. App. 2014).
· cites it 2× “1277, quoting 24 C.F.R. § 203.500 (2012), “that ‘[b]efore initiating foreclosure, the mortgagee must ensure that all servicing requirements of this subpart have been met.”
Bankers Life Co. v. Denton, 458 N.E.2d 203 (Ill. App. Ct. 3d Dist. 1983).
· cites it 3× “24 C.F.R. section 203.500, entitled “Mortgage servicing generally,” states that it is H.”
Diaz v. Wells Fargo Bank, N.A., 189 So. 3d 279 (Fla. 5th DCA 2016).
· cites it 2× “See 24 C.F.R. § 203.500 . Section 203.602 is titled “Delinquency Notice to Mortgagor” and provides in pertinent part: The mortgagee shall give notice to each mortgagor in default on a form supplied by the Secretary [of HUD] or, if the mortgagee wishes to use its own form, on a…”
Wells Fargo Home Mortg., Inc. v. Neal, 922 A.2d 538 (Md. 2007).
“HUD retains the general position recited in 24 C.F.R. § 203.500 , that whether a mortgagee’s refusal or failure to complg with servicing regulations is a legal defense is a matter to be determined by the courts.”
Wells Fargo Bank, N.A. v. Lorson, 192 A.3d 439 (Conn. App. Ct. 2018).
· cites it 2× “In the proposed amended answer, the defendants added a special defense titled "breach of contract," which alleged the plaintiff's noncompliance with various regulations of the United States Department of Housing and Urban Development as set forth in 24 C.F.R. § 203.500 et. seq.…”
Talton v. BAC Home Loans Servicing LP, 839 F. Supp. 2d 896 (E.D. Mich. 2012).
· cites it 2× “Failure to comply with this subpart shall not be a basis for denial of insurance benefits, but failure to comply will be cause for imposition of a civil money penalty, including a penalty under § 30.”
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