Lage v. Ocwen Loan Servicing LLC
Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016)
- Court
- United States Court of Appeals for the Eleventh Circuit
- Decided
- 2016-10-07
- Docket
- 15-15558
What happened
The borrowers submitted a loss-mitigation application two days before a scheduled sale. The sale was later postponed, and they argued the servicer then had to evaluate it.
What the court decided
The Eleventh Circuit held the duty to evaluate is measured from the sale date scheduled when the application is submitted; an application sent less than 37 days before that date did not trigger it, even though the sale was later moved.
Why it may matter to you
Do not wait. Send a complete application as early as you can — the protections turn on the calendar.
Why it might not apply
Binding in the Eleventh Circuit only. A servicer may still choose to review late applications.
Most useful when
- You sent a loss-mitigation application just days before the sale
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016)Short formLage, 839 F.3d 1003Draft — check it with free legal aid before you file or say it in court.
In Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016), the court held that a servicer's duty to evaluate a loss-mitigation application depends on its being submitted more than 37 days before the sale date scheduled at that time. Here, [say in one sentence what happened in your case]
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