10/28/2026
Have a pending foreclosure auction date and you have submitted your paperwork for loss mitigation or sent in a ratified contract to sell your home?
When a servicer conveniently "loses" your paperwork to push an auction through, they are committing Dual Tracking. Here is exactly what they are violating:
CFPB Regulation X (12 CFR § 1024.41): It is a federal violation for a mortgage servicer to proceed with a foreclosure sale while a homeowner is actively engaged in the loss mitigation process. By pretending paperwork wasn't received a Lender may be trying to manufacture a loophole to claim the "file was incomplete" so they can illegally auction your home.
RESPA (Real Estate Settlement Procedures Act): Servicers are legally required to maintain accurate records, provide continuity of contact, and acknowledge receipt of loss mitigation documents. Ignoring timestamped emails especiallly from a real estate Agent, Broker and if your title company or Attorney sent paperwork is a direct RESPA violation.
If you have this issue consider filing a CFPB Complaint IMMEDIATELY. You can submit a complaint at consumerfinance.gov immediately, be sure to attach a timeline of events. When the CFPB contacts a lender, their compliance department almost always miraculously finds the "lost" emails within 24 hours and puts a hard stop on the sale.
If you need more help reach out to me at (202) 805-1082, my team and I are here to help. For information you may visit www.metrorealty360.com
Jennifer V-E Johnson, Broker
Metro Realty 360
Licensed in VA, DC and MD
Mortgage Lender
Buckingham Mortgage
NMLS #2081378