Lazina King, et al. v. Caliber Home Loans, Inc.

The Dodd and Frank Act of 2014 promulgated the prohibition against "dual tracking" the loan modification/loss mitigation program and foreclosure process at the same time. It is contained in the provisions of Regulation X and may be enforced by a borrower pursuant to section 6(f) of the Real Estate Settlement Procedures Act (RESPA), (12 U.S.C. 2605 (f)). 12 C.R.F. § 1024.41 (a). Section 6(f) of RESPA, provides that monetary damages and cost are available for RESPA violations. 12 U.S.C. § 2605(f)(1)-(4). The prohibition on dual tracking is contained in 12 C.F.R. § 1024.41(g), which states in relevant part that if a borrow submits a complete loss mitigation application after a servicers has made the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process but more than 37 days before a foreclosure sale, a servicer shall not move for foreclosure judgement or order of sale, or conduct a foreclosure sale. Maryland Courts on all levels have violated our fifth and seventh amendment rights by allowing Caliber Home Loans to break federal and state law by allowing foreclosures to continue despite the fact they are being notified that mortgage companies are in direct violations of federal and state laws: Is the RE SPA Regulation X Section 6(1) which was promulgated by Dodd-Frank Act remedial in nature which provides a private right of action to an injured party for violations of the Act and does the seventh amendment grant a right to a jury trial when the act has been violated and the injured party request a jury trial to recover statutory damages for 12 U.S.C. § 2605 (1) (1) 12 C.F.R. § 1024.41(g) violations?