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Consumer Law Keyed to Pridgen, 5th Ed.
Lacy-McKinney v. Taylor Bean & Whitaker Mortgage Corp.
Citation:
937 N.E.2d 853 (2010)Facts
Florence Lacy-McKinney purchased a home in South Bend, Indiana, in January 2007 and refinanced with Taylor-Bean on September 19, 2007, obtaining an FHA-insured mortgage. As a school bus driver, Lacy-McKinney did not receive paychecks during June and July. She made payments through June 2008 but fell behind, eventually becoming three months delinquent. Lacy-McKinney repeatedly contacted Taylor-Bean about loss mitigation options beginning in May 2008, but Taylor-Bean did not review her file until July 2008 and ultimately denied her loss mitigation request in September 2008. Taylor-Bean never held a face-to-face meeting with Lacy-McKinney before filing its foreclosure complaint on October 3, 2008. Taylor-Bean also refused to accept partial payments from Lacy-McKinney. The trial court granted summary judgment in favor of Taylor-Bean despite Lacy-McKinney’s affirmative defenses based on HUD regulation noncompliance.
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