Hines v. National Default Servicing Corp.

On an unspecified date in 2010, the Hineses' attorney purportedly called Wells Fargo or NDSC and expressed a desire to mediate the foreclosure. In February 2010, NDSC submitted an affidavit to the Foreclosure Mediation Program (FMP) administrator stating that the Hineses had failed to return the form upon which they were to elect or waive participation in the FMP. An FMP certificate authorizing a foreclosure sale was issued. NDSC then recorded a notice of a trustee's sale, and the Hineses' house was sold at a trustee's sale. The Hineses filed a complaint against NDSC and Wells Fargo alleging…