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September 5, 2012: NHLP Advocacy Leads in Multiple Appellate Wins

The appellate victories in foreclosure cases Curtis v. US Bank National Association and Barroso v. Ocwen Loan Servicing are likely to set precedent for other cases across the country.

In Curtis v. US Bank National Association , the Maryland Court of Appeals held that even a notice providing 90 days to vacate does not satisfy the Protecting Tenants at Foreclosure Act if it is coupled with other misleading and contradictory communications. The court also held that a motion for possession is premature when it is filed before the expiration of the PTFA notice period. The tenant was represented by Public Justice Center in Baltimore, and NHLP led a coalition of tenant advocates to submit an amicus brief in support of Ms. Curtis.

In Barroso v. Ocwen Loan Servicing , the California Court of Appeal held that the bank must honor the loan modification agreement under the Home Affordable Modification Program, even if the agreement was not signed by the bank. The court also held that the homeowner is not required to tender the full loan amount to overturn the foreclosure sale. NHLP submitted an amicus brief in support of Ms. Barroso, who was represented by Neighborhood Legal Services of Los Angeles County.

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