Legal Opinion

Jose v. Wells Fargo Bank, N.A.

Massachusetts Appeals Court

Decided July 22, 2016No. AC 15-P-835PublishedCited by 1 opinion

1Opinion of the CourtGreen, J.

Regulations promulgated by the Federal Department of Housing and Urban Development (HUD) require a mortgage lender to conduct a face-to-face meeting with defaulting borrowers before foreclosing on certain federally insured mortgages. The defendant, Wells Fargo Bank, N.A. (Wells Fargo), acknowledges that failure to comply with those regulations may serve as a basis to invalidate its foreclosure of the mortgage it held on the plaintiffs property, but asserts that it qualifies for an exemption. We conclude that Wells Fargo does not qualify for the exemption from the face-to-face meeting…

2Cases cited12 opinions

  1. United States v. TurketteSupreme Court of the United States · 1981
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. Christensen v. Harris CountySupreme Court of the United States · 2000
  4. Pinti v. Emigrant Mortgage Co., Inc.Massachusetts Supreme Judicial Court · 2015
  5. Mathews v. PHH Mortg. Corp.Supreme Court of Virginia · 2012

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3Cited by1 opinion

  1. Executive Office of Health and Human Services v. Linda Manor Extended CareMassachusetts Appeals Court · 2026

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