Excerpts from the report…
Nicole DePuy thought she was one of the lucky ones when she walked out of Harborside Event Center on Jan. 27 with a loan modification that would save her home from foreclosure.
After waiting hours to talk to her lender at the highly publicized event, the 40-year-old speech-language pathologist had been approved for a trial with the Home Affordable Modification Program.
And best of all, under the terms of the program, all foreclosure action would stop. The scheduled sale of DePuy’s Cape Coral home was prohibited under the terms of the agreement.
Nothing could be further from the truth.
DePuy called Bank of America to find out what happened and was told the bank had failed to notify the lawyer handling the foreclosure sale that DePuy was in the trial loan modification program.
Fort Myers attorney Robert D. Royston Jr. agreed to represent DePuy. He asked the court to set aside the sale “on the basis of the mistake by the plaintiff.”
Royston filed the contract showing the modification and the HAMP guidelines that read: “Foreclosure sales may not be conducted while the loan is being considered for a modification or during the trial period.“
The judge didn’t have an opportunity to read the pleadings.
“The judiciary is having difficulty given the volume to give the attention each case may require,” Royston said.
Because Isla Blue purchased the house fair and square, it belonged to it, the judge ruled.
Read entire report here…
Moral to the story…
Believe Nothing and Challenge Everything…