Federal National Mortgage Ass'n v. Hafer

J. JONES, Justice.

The Federal National Mortgage Association (“FNMA”) purchased Russell Hafer’s home 1 at a non-judicial foreclosure sale and filed an eviction suit when Russell and his wife, Sandra, refused to vacate. The Hafers claim that the foreclosure sale was invalid because their loan servicer, American Home Mortgage Services, Inc., now known as Homeward Residential, Inc, (“Homeward”), agreed to modify the terms of Russell’s loan just prior to instituting foreclosure proceedings. They claim that Russell was therefore not in default at the time of the sale. The Hafers filed a third-party…