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Lane v. Ocwen Loan Servicing, LLC

United States District Court for the Western District of Virginia
Case No. 3:17-cv-00008 (2017)


Facts

Thomas and Carleen Lane (plaintiffs) obtained a mortgage from Ocwen Loan Servicing, LLC (defendant). The Lanes applied for a loan modification. Ocwen told them to not make loan payments while their application was under review. After Ocwen granted the modification, it neglected to inform the Lanes of the amount of their new payments, despite multiple requests. Ocwen later told the Lanes that they were past due because they did not make these payments, but did not tell the Lanes how much past due they were. The deed of trust permitted Ocwen to foreclose if the Lanes failed to make any payment. Ocwen brought a foreclosure action on the house. The Lanes filed a motion for a temporary restraining order, enjoining the foreclosure sale.

Rule of Law

Issue

Holding and Reasoning (Moon, J.)

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