By The Honorable William Houston Brown (Retired)
Failure to provide notice of correct cure amount required disallowance of claim. HUD’s rules and regulations that were incorporated into the mortgage were binding on both the mortgagor and mortgagee, and when the mortgagee’s notice of intent to foreclose provided incorrect amount needed to cure and reinstate the loan, the creditor had no right to foreclose under applicable state law, with its claim for foreclosure costs disallowed. In re Ruiz, 501 B.R. 76 (Bankr. E.D. Pa. 2013).
The Honorable William Houston Brown . . .
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