Another OA on HUD Regs as Condition Precedent

Here’s the video of the 11-19-15 Oral Argument before the Fifth District.

The issue was whether HUD Regulations in an FHA mortgage operate as a condition precedent (putting the burden of proving compliance on the lender in a foreclosure trial) or an affirmative defense (putting the burden of proving failure to comply on the homeowner at trial).

This was a similar argument to that from 11-17-15 (below), yet the Court saw/handled the issues very differently.

It’s an interesting watch, and some of you may be amused by the court’s jokes about me needing “decaf” or “medication” and suggestion that I drive home “slowly.”  Regardless of whether you interpret that as criticism or all in good fun (I consider it the latter), I’m pleased with how well the judges knew the arguments and how engaged they were with me … really, that’s all I ever ask for in foreclosure-world.

Mark Stopa

www.stayinmyhome.com

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