Fifth Third Mortgage Co. v. McCord

Plaintiff filed foreclosure complaint. Issue of material fact exists as to meaning of 2014 letter send to Plaintiff bank by Defendant's former counsel: whether it was a cease-and-desist letter that exempted Plaintiff bank from the face-to-face meeting requirement which is required, by federal regulations as mortgage was insured by HUD, to occur prior to initiating foreclosure. Court erred in granting summary judgment for Plaintiff bank. (DELORT and CONNORS, concurring.)