Eastern Savings Bank, FSB v. Andrew-Lewis

Defendant appealed from a circuit court order confirming the sale of her residence pursuant to a foreclosure. Defendant argued on appeal that the circuit court committed several errors relating to the sale, including that the circuit court erred in confirming the sale of the property despite learning that defendant did not receive a loss mitigation denial letter on her loan modification application as is required by the Real Estate Settlement Procedures Act, that defendant’s loan modification application was not properly processed by the plaintiff, and where the evidence showed that plaintiff neglected numerous attempts by plaintiff to modify her loan and to end her delinquency. The appellate court affirmed, finding that defendant did not timely raise her arguments and that they were not supported by the record. (C.A. WALKER and TAILOR, concurring)