Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Eleventh Circuit: Motion to Reschedule a Foreclosure Sale Not Barred by Regulation X

By Steven C. Corhern on June 28, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

In an important victory for mortgage servicers, the Eleventh Circuit rejected a RESPA claim based on a motion to reschedule a foreclosure sale in Landau v. Roundpoint Mortgage Servicing Corp.

Rachel Landau defaulted on her home loan and her mortgage company foreclosed. A final foreclosure judgment was entered in February 2016 and a sale ordered for June 2016.  Roundpoint Mortgage Servicing Corp. offered Landau an opportunity to participate in loss mitigation, which she accepted. Roundpoint then moved to reschedule the foreclosure sale. Regulation X, 12 C.F.R. § 1024.41(g) of the Real Estate Settlement Procedures Act prohibits seeking an “order of sale” when the borrower has entered into a loss mitigation plan. Landau argued that a motion to reschedule a foreclosure sale amounts to an “order of sale” and filed suit against Roundpoint for violating Regulation X. She argued that Roundpoint should have canceled the foreclosure sale rather than rescheduling it. Roundpoint countered that rescheduling a foreclosure sale already ordered was not the same as a servicer moving for an “order of sale.” The trial court agreed and dismissed Landau’s claims.

The Court interpreted the phrase “order of sale” to mean a dispositive motion ordering the transfer of property.

On appeal, the Eleventh Circuit affirmed. The Court explained that Regulation X prohibits a servicer from moving for a foreclosure judgment or an “order of sale” during a loan modification program. The Court interpreted the phrase “order of sale” to mean a dispositive motion ordering the transfer of property. A motion to reschedule a previously ordered foreclosure sale, on the other hand, is a procedural, housekeeping matter that is not prohibited by Regulation X. Otherwise, servicers would have little incentive to offer a loss mitigation plan to a borrower for fear that they would have to restart foreclosure proceedings.

Landau opinion should facilitate the consumer protection goals of RESPA by protecting lenders who allow borrowers to enter into loss mitigation plans to borrowers after they have already obtained an “order of sale.”

Photo of Steven C. Corhern Steven C. Corhern

Steven is an associate in Balch & Bingham’s Birmingham office. Steven’s practice focuses on complex litigation. He has practiced in both state in federal courts across the southeast and at the trial and appellate levels. He has represented lenders in a variety of…

Steven is an associate in Balch & Bingham’s Birmingham office. Steven’s practice focuses on complex litigation. He has practiced in both state in federal courts across the southeast and at the trial and appellate levels. He has represented lenders in a variety of contexts, including the Truth-in-Lending Act, Telephone Consumer Protection Act (TCPA), Real Estate Settlement Procedures Act (RESPA), and other federal statutes and regulations. Before joining Balch & Bingham, Steven clerked for the Hon. Emmett R. Cox of the Eleventh Circuit and for the Hon. Virginia Emerson Hopkins of the Northern District of Alabama.

Read more about Steven C. CorhernEmailSteven's Linkedin Profile
Show more Show less
  • Posted in:
    Real Estate & Construction
  • Blog:
    Southeast Financial Litigation Monitor
  • Organization:
    Balch & Bingham LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo