I am attempting to help my neighbor with a foreclosure where the bank has started foreclosure before the 120 day prohibition stated in 12 CFR Part § 1024.41(f)(1)(i) of (Regulation X). They have also broken some of the other federal servicing laws.

I don't see anything in the motions to dismiss that would allow me to request this, unless I am misunderstanding something. I am trying to avoid having my neighbor answer the complaint, if possible. It would seem the court cannot take this case on because it is in violation of these federal laws.

I just started studying this course yesterday. Wish I found it a week ago when my neighbor got served. So, any tips would be appreciated. I will continue studying in the meantime.

Thanks!

-Kaleb

Hello.

I am also very new to this, but I will give you my opinion.

So did your neighbor receive a complaint and summons from the court? If yes, then you can file a motion to dismiss foreclosure. There are some sample letters you can find on Google image search. Just search "motion to dismiss foreclosure" and click on "Images."

At the same time, you might also want to consider a counter complaint. Start by first notifying the appropriate person at the bank using letters that tell them that they are in violation of the law. Use certified mail and keep copies of your letters and responses. If the bank does not respond, then send another letter.

After gathering your letters and responses (if any), then make a complaint against the bank that it is unlawfully administering your property and that its trespass on your property is causing you harm of so much money a day.

You'll have the facts, law, and letters on your side.