Successfully obtained judgment in a foreclosure lawsuit by establishing mortgage servicer’s compliance with HUD/FHA regulations prior to foreclosure

Borrowers asserted numerous counterclaims and defenses in a contested foreclosure claiming that client failed to comply with HUD/FHA regulations prior to foreclosure and as a result, was stopped from foreclosing. After significant discovery, we moved for summary judgment, arguing that non-compliance with HUD/FHA regulations can only form a defense, not an affirmative cause of action, and that, regardless, the client had complied with these regulations. The court agreed and entered judgment in our client’s favor.