1640(e). 02AP-691, 2003-Ohio-628. R. 9(C) states, "In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. One week later, HomEq accepted plaintiff's payment of $6,236.78. Collateral estoppel "precludes the subsequent adjudication of a previously determined issue, even if the subsequent action is based on an entirely different claim." Learn how filing for bankruptcy affects a foreclosure. However, for a partial payment to revive an action, the partial payment must be voluntary. Applying the reasoning set forth in Williamson to the facts of the case at hand, we think that the evidence is sufficient to uphold the trial court's application of laches and, therefore, the court did not abuse its discretion. To be negotiable, a note must be a courier without luggage; it must move unencumbered. Various federal laws protect borrowers against predatory lending practices. (ECF No. 502, 503 (Citations omitted.). Caraccia v. U.S. Bank, 185 So. In 9th and 10th Districts Attorney for Plaintiff MUST present original warrant of attorney to judge for examination; examination of copy and judgment based thereon is void!!!!! Pa. Jan. 23, 2006) https://casetext.com/case/in-re-boates, "[T]he fundamental purpose of recoupment . PINEDA v. PMI MORTG. 20 Civ. 5. summarization by means of a running or developing balance, or an arrangement of beginning balance and items that permits the calculation of the amount claimed to be due. Co., 2009-Ohio-1380, 15 (10th Dist.). In response to the defendants'foreclosureefforts, Coxson filed an adversary proceeding in the bankruptcy court, claiming that the loan documents violated the TILA. Add to Wish List Link to this Book Add to Bookbag Sell this Book Buy it at Amazon Compare Prices. Thus, when an acknowledgment does not recite the name of the mortgagor, "the acknowledgment is defective." Nolan, 383 B.R. The unclean hands doctrine is a defense against claims in equity. In re Smith, 866 F.2d 576 (3d Cir. Publish Date: Aug 12, 2008. Attorney Troy Doucet "wrote the book" on foreclosure defense and is a lawyer who knows this areas of law. (op. First National maintains, based on its reading of the relevant statute, that by choosing the last option, Fireman's Fund's debt was extinguished at the time of the foreclosure sale because it had fully satisfied its debt as a matter of law. 2010) https://casetext.com/case/in-re-minbatiwalla-1. Cooper & Pachell v. Haslage (2001), 142 Ohio App. 254, 778 A.2d 529 (N.J. Super. Federal laws that prohibit predatory lending. 243 (Bankr. Denison, 165 Ohio St. at 93, 133 N.E.2d 329. By: 23 Legal Defenses to Foreclosure 46) at 1314 ("[T]he Acknowledgment Clause must identify the person acknowledging the acknowledgment. An acknowledgment clause containing nothing relative to the mortgagor's identity is insufficient; rather, an acknowledgment clause must either identify the mortgagor by name or contain information that permits the mortgagor to be identified by reference to the mortgage. [The Acknowledgment Clause here] does not indicate that anyone acknowledged the execution of the Mortgage." If you have an FHA loan, call the FHA National Servicing Center at 1-877-622-8525. You may also attach a summary. P. 60(d)(3). Associates Home Equity Services v. Troup, 343 N.J. Super. See Moening v. Alaska Mutual Bank, 751 P.2d 5, 7-8 (Alaska 1988). Wells Fargo focuses on the veracity of a single statement in the Rybarczyk affidavitspecifically, Rybarczyks statement "that BANA was the current owner and holder of [the Juzas'] mortgage and note." ; and (3) be payable on demand or at a definite time; and (4) be payable to order or to bearer. 790 So.2d at 1066 (quoting Chase & Co. , 156 So. 21, 2015) https://casetext.com/case/lubonty-v-r-kenneth-barnard-chapter-7-tr-als-hibiscus-llc, Except as provided in Section 2-725 of the Uniform Commercial Code, approved July 31, 1961, as amended, and Section 11-13 of The Illinois Public Aid Code, approved April 11, 1967, as amended, actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued. If it's the bank's fault that you fell into foreclosure in the first place, then they don't have clean hands and aren't entitled to an equitable remedy. An assignment of a contract requires showing mutual assent and consideration. You might be able to challenge the foreclosure based on errors like: Mistakes about the amount you must pay to reinstate your mortgage are especially serious. 2001)https://casetext.com/case/associates-home-equity-services-v-troup, The defense of recoupment `is never barred by the statute of limitations so long as the main action itself is timely. S.D.N.Y. the Supreme Court of Virginia has clearly held that when a deed of trust requires a specific length of notice prior to acceleration, that length of notice serves as a condition precedent to acceleration and foreclosure. 3500.21(d)(5). In a California or Washington foreclosure, for example, the foreclosing bank or servicer has to complete a loss mitigation declaration as part of the nonjudicial foreclosure process. 8(c), that must be pleaded and proved by the defendant. The court held that Coxson's acts were defensive because they were in response to the defendants' proof of claim filed in the bankruptcy court. 135 (B.A.P. In many cases, the debt has been sold over and over again to different banks and investors. This notice has to include specific information, too, like when the new servicer will begin to accept payments. Ct. 382 (Mass. Glisson v. City of Marion, 188 Ill. 2d 211, 221 (1999). denied). In the event that the lender engages in fraudulent practices like dual track foreclosure, homeowners can file a lawsuit against the lender to stop the sale of the home. You may have a right to force a lender to pursue a judicial foreclosure instead of a non-judicial foreclosure if you took out your mortgage before going on active duty. The lender used predatory or unfair mortgage lending practices when you took out your mortgage loan. In response, Plaintiff offers no contrary evidence and does not dispute that there has been neither a sheriff's sale nor transfer of title to the property from Plaintiff to anyone, including the bank. 2019) https://casetext.com/case/gray-v-fed-natl-mortg-assn-2, Doctrine ofjudicial estoppelprevents a mortgagor from challenging the "foreclosureof the same property that he surrendered in the Bankruptcy Court in exchange for the discharge of his debts." the servicer informs you that you're not eligible for any loss mitigation option, and any appeal has been exhausted, you reject all loss mitigation offers, or. As with a motion to dismiss under Fed.R.Civ.P. This perspective may help some. The concept of mitigate of damages goes to the plaintiff taking action to limit defendants exposure to financial liability. Here, Deutsche Bank failed to establish standing using any of these available methods. Barton v. Lumpkin, 277 Ala. 394, 171 So.2d 101 (1965). This Security Instrument does not authorize acceleration or foreclosure if not permitted by [HUD regulations]" (emphasis supplied). [V]arious statutory and contract rights may be waived . Deed in Lieu of Foreclosure vs. Short Sale. Bank of N.Y. Mellon v. Rogers, 407 Ill. Dec. 365, 378 (Ill. App. 353, 358 (App. https://law.justia.com/cases/ohio/third-district-court-of-appeals/2015/1-14-42.html. Compass Bank v. MFP Financial Services, Inc.,152 S.W.3d 844, 852 (Tex.App.-Dallas 2005, pet. When they divorced, Mrs. Lambert was given the home and required to make payments on the first mortgage, while her Mr. Lambert was required to make payments on the second mortgage. Wells Fargo mistakenly relies onDekkerbecause this case does not involve a witness who is "believed possibly" to have been guilty of perjury. 3:12CV526-JRS https://www.leagle.com/decision/infdco20130123h03. Judicial estoppel is appropriately applied only if no sanction established by a relevant statute or the Federal Rules of Civil Procedure can adequately remedy the damage done by a litigant's misconduct. N.M. Bank & Tr. The Contract termswhich specifically exclude the service the Feachers soughtfavor Preferred Law to an extent it unfairly oppressed, and no doubt surprised, the Feachers. * * *", Statutory Authority is found in ORC 2323.12-13, The bulk of issues pertaining to cognovit judgments are contained in ORC 2323.13, ORC 2323.12 provides the authority to issue a judgment by confession (which is akin to a cognovit judgment entry since the judgment is issued after confession by the Defendant) "A person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and, with the assent of the creditor, or person having such cause of action, confess judgment; whereupon judgment shall be entered accordingly. (Citations omitted; internal quotation marks omitted.) 133 (S.D.N.Y. Corp.,157 A.D.3d 1152, 1154-1155 [3d Dept 2018]) IMRIE v. RATTO 2019 NY Slip Op 50845(U) https://www.leagle.com/decision/innyco20190530464, Generally, the doctrine of promissory estoppel is applicable when a promise has been made, but there is no tangible consideration offered in return; instead, detrimental reliance acts as a substitute for actual consideration. 5:16-cv-00209-RLV.https://www.leagle.com/decision/infdco20170626a16, Rule 12(b)(5) permits a party to move to dismiss the complaint for insufficient service of process. SeeMass. "The right of a debtor in bankruptcy to invoke the doctrine ofrecoupmentto reduce a secured proof of claim of a mortgage lender by the amount of statutory TILA damages has been recognized again and again in case law." For example, suppose that the servicer said in a foreclosure document that you need to pay $7,500 to get current on the loan and stop a foreclosure. 2014) https://casetext.com/case/huntington-contl-townhouse-assn-inc-v-miner, Fraud on the court, as opposed to fraud on a litigant, either attempts to or does "defile the court itself' or is "perpetrated by officers of the court" such that "the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases." Tex. As discussed, however, supra note 7, Pennsylvania law requires that the mortgage lender provide the mortgage debtor with a minimum of thirty days' notice prior to the commencement of any foreclosure proceedings. Therefore, even if the court could consider the documents attached to the mortgage defendants' objection, those documents do not, by themselves, establish that the mortgage defendants complied with the mortgage agreement for purposes of a futility analysis. Courts, also mostly in the credit card context, disagree whether, and under what circumstances, the failure to attach sufficient documentation to a proof of claim can result in disallowance of a claim on procedural grounds. Any given foreclosure or legal situation has many potential claims and defenses, so it's a good idea to seek the advice of a foreclosure attorney or a legal aid organization to explore all possible alternatives available in your particular situation. In re Laibe Corp., 307 S.W.3d 314, 318 (Tex. The Ohio Revised Code provides an acceptable form certificate of acknowledgment. The trial court denied the motion on the basis that Whitburn had no standing, and the Second District affirmed, first noting that Whitburn was not a party to the foreclosure. Corp v Theseus, Inc as justification to its decision as this case determined that a mechanics lien was not valid due to the owner of six lots no being named in foreclosure proceedings. Fed. Beneficial Fin. NOT Bankruptcy! 365, 86 P.3d 63 (Or. To resolve a motion to dismiss for insufficiency of process, the court "must look to matters outside the complaint to determine what steps, if any, the plaintiff took to effect service. Pfeifer v. Countrywide Home Loans, Inc., 211 Cal.App.4th 1250, 1268 (Cal. Do Not Sell or Share My Personal Information, Key Aspects of State Foreclosure Law: 50-State Chart, Foreclosure of Rental & Investment Property, See All Foreclosure Laws Products from Nolo, Do Not Sell or Share My Personal Information. In other words, both parties did something wrong to cause a breach so neither should be given relief. Attach redacted copies of documents providing evidence of perfection of a security interest. Lemstone argued that its reasoning for vacating was due to competition that inhibited its ability to make the rent payments under the lease. The position of Chemical Realty that the waiver was void because there was no consideration for it, is not in accord with Florida law. Ohio 2009): In addition to the requirements of 5301.01, the Court also must review Ohio Revised Code 147.53, 147.54 and 147.55, which "clearly require some identification of the person whose signature is being acknowledged." Laches, as we have previously defined it, is an equitable defense to be applied where from delay, loss of evidence, and death, any judgment would be conjectural and difficult to do justice. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. If a significant amount of time goes by after you stop making mortgage payments and when the foreclosing bank initiates a foreclosure (or restarts one against you), the foreclosure might violate the statute of limitations. In its motion for reconsideration, State Farm now informs the Court that First Franklin Bank never foreclosed on the insured property through a sheriff's sale which extinguished the mortgage debt. 3500.21(d)(1)(i). Bank of N.Y. Mellon v. Rogers, 407 Ill. Dec. 365, 378 (Ill. App. Rptr. Federal regulations, state law, and mortgage contracts usually prohibit this practice. If the foreclosing party cannot produce the promissory note on which the loan is based, the court likely will dismiss the case. For example, prior notice may have enabled Smith to work out a settlement with Fidelity, or to make partial payment, or Smith may have chosen to sell the property herself. See, e.g., Staats v. Praegitzer,67 Or. "[2] However, class action lawsuits are an exception to this rule. 401, 407,867 A.2d 841(2005). (4) The nonbreaching party suffered damages as a result of the breach. App.-Beaumont 2012, pets. 2016) https://casetext.com/case/caraccia-v-us-bank#p1279, Indeed, the prevailing rule is that, barring third-party beneficiary status, a litigant lacks standing to attack an assignment to which he or she is not a party." A motion to dismiss can be presented based on failure to join indispensable parties. See Filak v. George,594 S.E.2d 610, 614 (Va. 2004). Mar. GARVEY v. SETERUS, INC. Case No. 3. a beginning balance of zero, or a sum that can qualify as an account stated, or some other provable sum; All allegations made must be true. . If your challenge is successful, the court will most likely dismiss the foreclosure, forcing the process to restart. U.S. Bank, N.A. Case No. Ms. Boone thought she had done everything required of her. ISBN-13: 9781438278193. Contact us at 414-377-0515 or by filling out our online contact form to schedule a free consultation to learn . Miles v. Deutsche Bank Nat'l Trust Co., 186 Cal. In other words, an affidavit is useful when the veracity (truthfulness) of the information is important. Under TILA, the new owner or assignee of a mortgage loan must inform the borrower about the loan's transfer within 30 days after the sale, transfer, or assignment. Under RESPA, your old servicer must provide you with a notice of servicing transfer not less than 15 days before the effective date of the transfer, and your new servicer must provide a servicing transfer notice not more than 15 days after the transfer date. Bldg Loan v. Chem Realty, 363 So. https://www.legalmatch.com/law-library/article/breach-of-contract-defenses-unclean-hands.html, https://blog.amerihopealliance.com/blog/is-unclean-hands-an-effective-defense-against-foreclosure#:~:text=The%20doctrine%20is%20often%20stated,to%20default%20on%20their%20mortgage, https://www.miamidade.gov/business/library/reports/foreclosure-defenses.pdf, https://www.leagle.com/decision/inctco20180918067, https://www.leagle.com/decision/inctco20171102090, https://www.leagle.com/decision/inadvfdco130327000116, https://www.justia.com/foreclosure/alternatives-to-foreclosure/filing-for-bankruptcy-to-avoid-foreclosure/, https://www.leagle.com/decision/inflco20151113138, https://www.leagle.com/decision/infdco20210106674, Florida Rule of Civil Procedure 1.420(a)(1), https://casetext.com/case/us-bank-na-v-stibolt. 502(b). In some states, the information on this website may be considered a lawyer referral service. The standard clause constitutes a separate and independent contract between the mortgagee and the insurance company which is "measured by the terms of the mortgage clause itself. The court used Parkard Bell Elecs. Additional loss mitigation options include forbearance agreements and repayment plans. Mar. 235, 109 N.E.2d 489. What is the specific rule for it from the caselaw for this foreclosure defense? Inc.,29 S.W.3d 135, 137 (Tex. If the lender is pursuing a foreclosure in court, you can challenge this judicial foreclosure proceeding by responding to the lenders complaint. ISBN-10: 1438278195. 17-224-DLB-CJS. For instance, a couple might use an affidavit to disclose property in a divorce proceeding or a business owner could use an affidavit to disclose equipment included in a business sale. Id. 1944.34(k)(2). 1024], in which defendant purchased property encumbered with a mortgage lien upon the strength of a promise made by plaintiff mortgagee that he would withhold enforcement for a year. . Transferring ownership can end significant legal defenses otherwise available. Section 502(b) does not identify "insufficient documentation" as a basis to disallow a claim. In the case of foreclosure, loan servicers and borrowers must work together to avoid foreclosure, or to minimize loss as much a possible. R. 9(C). Nat'l Mortg. Ct. App. If the foreclosing party can't prove it owns the loan, it doesn't have "standing" to foreclose. Specifically, the transferor must provide notice not less than fifteen days before the effective transfer of the loan, 12 U.S.C. Another thing to keep in mind is that the bank cannot condition its obligations to mitigate its damages by requiring you to do something first. We conclude that the settlement agreement was void as being totally unconscionable, both procedurally and substantively. 3d 625, 635 (Cal. FED. 1998). Unclean hands, if sufficiently pled, may be asserted as an affirmative defense to a mortgage foreclosure action. 3:10-232. https://www.leagle.com/decision/infdco20140304d81, Judicial Estoppel, also known asCollateralestoppel, The doctrine of judicial estoppel generally bars a party from asserting a legal position contrary to an earlier position in the same or related litigation. Countryside Orthopaedics, P.C. What is this foreclosure defense as a general concept? Civil Action No. In United Central Bank (plaintiff) v. Bhavani Fruit and Vegetable LLC (Bhavani Fruit) (defendant), Bhavani fruit defaulted on two notes, causing United Central Bank to file a complaint for foreclosure. In 2017, these laws changed to better protect homeowners. DeLuca v. AccessIT Grp., Inc., 695 F. Supp. Drake v. Tyner,914 P.2d 519, 523 (Colo. App. https://www.leagle.com/decision/infdco20210106674, "The doctrine of standing is designed to preclude persons who have no interest in a controversy from bringing suit" and "assures that issues are raised only by those parties with a real interest in the outcome of the controversy." It is certainly beyond question that "one who comes into equity must come with clean hands else all relief will be denied him regardless of the merits of his claim. (12 C.F.R. Co. v. Newman, 851 S.W.2d 22, 26 (Mo. See also Bergman v. Baptist Hosp. 3d 704, 707. W.D. The issue isn't the ultimate enforceability of the guaranty but the enforceability of the warrant of attorney and confession of judgment. Can be entitled to enforce even if not owner or in wrongful possession. There are no guarantees in life, and certainly not in the law. If the lender is pursuing a foreclosure outside court, you can challenge a non-judicial foreclosure by initiating a lawsuit to stop the process until a court reviews the foreclosure. More serious violations will get a more serious response from the court. Accordingly, unlike inU.S. Bank National Assn.,the allegations of preforeclosure conduct by the plaintiff in the present case had a far more obvious and direct connection to the enforcement of the note or mortgage.7 Moreover, the majority's suggestion that the defendants' special defenses could be viable only if the defendants actually had reached a modification agreement would unnecessarily shield mortgagees or their agents from judicial scrutiny of potentially unscrupulous behavior that may have directly resulted in the foreclosure action. S.D.N.Y. 2016) https://casetext.com/case/lewis-v-us-bank-natlassn, Jarvis v. Deutsche Bank Nat'l Trust Co., 169 So. Accordingly, contrary to Plaintiffs assertion, In re Lucks did not hold that res judicata and collateralestoppeldo not apply to the circumstances presented in this case. Ct. 2016) https://casetext.com/case/td-bank-na-v-doran-1?resultsNav=false, In applying the laches doctrine to the belated foreclosure of a mortgage, the Williamson court said: Though recovery on the note is barred by a statute of limitation, the running of such statute on the note does not prevent foreclosure of the mortgage given as security therefor. Here are two dozen foreclosure defenses available to those facing foreclosure. If the servicer charges fee and costs in excessive or incorrect amounts, this will unfairly increase the total balance you owe on your loan. Crv. Federal and state laws prohibit lenders from using predatory tactics. No. The evidence is less clear about Conseco's intentions. Ct. 2010) https://casetext.com/case/mortgage-electronic-reg-sys-v-barnes, "A crucial element in any mortgage foreclosure proceeding is that the party seeking foreclosure must demonstrate that it has standing to foreclose." Co. 10th Dist. Written by lawyers who spent the last decade fighting foreclosure for hundreds of clients. "[A] party's standing is determined at the time the lawsuit was filed." Typically, in a judicial foreclosure, the loan owner must complete an affidavit of indebtedness (also known as an "affidavit of amounts due") to get a final judgment of foreclosure. 3953). In our view, it would be fundamentally unfair and contrary to the remedial goals expressed by these statutes to preclude the recoupment remedy simply because it is invoked in a foreclosure proceeding. Tipple, the developer of the subdivision that housed the lots, then sued Comanche, stating that the liens were invalid. Mar. You may also file a complaint about your loan servicer with the Consumer Financial Protection Bureau (CFPB) by going to the CFPB website or calling 855-411-2372. Or, if the CFPB thinks that another government agency would be better able to help you, it will forward your complaint to that agency and let you know. If she fails todischargeherbankruptcy, FmHA may immediately foreclose for the full contract amount due. In re Randall, 358 B.R. Accordingly, the amended complaint states a claim for breach of contract against the mortgage defendants. This is a decent defense to foreclosure, but subjects the mortgage to reformation. The Rules permit service upon a competent adult by leaving a copy of it "at the individuals dwelling house or usual place of abode with some person of suitable age and discretion then residing therein . " M.R. Lubonty v. Barnard, 14-cv-3945 (ADS) (E.D.N.Y. Bankruptcy Code 502(b) prescribes nine categories of claims which will be disallowed, including that "(1) such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured." The practice became known as "robosigning" because employees spent an average of 30 seconds signing each affidavit. In short, independent actions for fraud on the court are available only to "prevent a grave miscarriage of justice." https://www.leagle.com/decision/infdco20201209b38. Hamrick v. Safe Auto Ins. Everyone who owns or is buying a home should have and read this epic 2008 book BEFORE YOU GET INTO FORECLOSURE! Maryland Oil v. Kaminetz,260 Md. These include several modification agreements entered between the partnership and Meritor in August 1991 and March 1992, which stated that nothing therein should "be construed as establishing any personal liability" on the general partners. 2010) https://casetext.com/case/us-bank-na-v-detweiler#p472, A reasonable effort to arrange a face-to-face meeting with the mortgagor shall consist at a minimum of one letter sent to the mortgagor certified by the Postal Service as having been dispatched. . The servicer assesses a late charge during the grace period. Thompsonv.Orcutt,257 Conn. 301, 310, 777 A.2d 670 (2001). For most homeowners who want to keep their homes, Chapter 13 is a better choice because it affords more options. 1024.33). Moreover, a party who seeks to recover damages on a contract must plead and prove its own performance or a valid excuse for its failure to perform. Foreclosure Defense: Failure to Join indispensable party. 3702 (AT). It then argues that any "other issues [with the Rybarczyk affidavit] could not have had any practical effect on the circuit courts grant of summary judgment." However, the suit must still be based on an act of default within the five-year statute of limitations period. (3) The mortgagor has clearly indicated that he will not cooperate in the interview, (4) A repayment plan consistent with the mortgagor's circumstances is entered into to bring the mortgagor's account current thus making a meeting unnecessary, and payments thereunder are current, or. 65; ECF No. Sosa v. U.S. Bank Nat'l Ass'n, 153 So. 443, 449. 2000, no pet. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The servicer dual-tracking your loan (continued with a foreclosure at the same time that a. Learn the Foreclosure Process in Your State. 10, 2013) https://casetext.com/case/reid-v-countrywide-home-loans, https://www.leagle.com/decision/2001332281br511325. Banks sometimes have trouble producing the promissory note proving loan ownership. (Citation omitted; internal quotation marks omitted.) If it's later discovered that the information was false, and the matter ends up in court, a judge will give an affidavit greater evidentiary weight than after-the-fact trial testimony. We conclude that judicial estoppel does not bar the claim for attorney's fees for two reasons. The central element is intent, which must be unequivocally manifested. 21.50 (Vernon Supp. BELOTE v. BANK OF AMERICA, N.A. Rather, in an action involving a judicial sale, a court must determine the present value of the dower interest and award that amount to the spouse from the proceeds of the sale. For instance, if the bank or servicer didn't send you a notice that it sold your loan or transferred the servicing rights. These various laws set out requirements that servicers and lenders have to follow in order to foreclose a home. . In the past, successful defenses against foreclosure were relatively rare. The case then went to Supreme Court of Ohio, which affirmed the appeal courts decision. 2013) (rejecting plaintiff's argument that discovery rule should toll limitations period for Chapter 93A claim based on the terms of mortgage loan). at 229, 794 S.E.2d at 507. Such a reasonable effort to arrange a face-to-face meeting shall also include at least one trip to see the mortgagor at the mortgaged property, unless the mortgaged property is more than 200 miles from the mortgagee, its servicer, or a branch office of either, or it is known that the mortgagor is not residing in the mortgaged property. 401, 867 A.2d 841 (Conn. App.

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