Lack Of Proper Notice Should Allow HBOR Claims To Proceed, Borrower Argues

Mealey's (October 5, 2021, 8:48 PM EDT) -- SAN FRANCISCO — A federal judge in California should deny a mortgage lender and loan servicer’s motion to dismiss a borrower’s claims stemming from their alleged failure to provide him with the required notice of certain loss mitigation options they would offer him in an effort to stave off a foreclosure sale on his property because the borrower has sufficiently shown that he never received the notice and the defendants have been unable to show that the notice was actually sent, the borrower argues in an Oct. 4 opposition brief filed in California federal court....