LoanCare acknowledged a loan modification review by certified mail while simultaneously rushing a Motion for Summary Judgment. This is not a mistake. It is a federal Dual-Tracking Breach under RESPA Regulation X.
You have been told to trust the process. When you submit a loan modification application, you are told to wait. The servicer will review it. They will get back to you. They are working on it.
But here is what actually happens. While you are waiting, the servicer's foreclosure mill is filing motions. While you are hoping for a modification, their attorneys are drafting a Motion for Summary Judgment. While you are checking your mailbox for a response, they are checking their calendar for the sale date.
This is dual-tracking. And it is not just unethical. It is illegal.
Consider this case. LoanCare sent a certified letter acknowledging a loan modification review. The letter was dated, signed, and mailed. It told the homeowner the modification was under review. It told them to wait. It told them to hope.
On the exact same afternoon, LoanCare's foreclosure mill — Marinosci Law Group — rushed to file a Motion for Summary Judgment. They were moving to take the home while telling the homeowner they were working on a solution.
This is not a mistake. This is a federal Dual-Tracking Breach under RESPA Regulation X, 12 CFR § 1024.41.
RESPA Regulation X prohibits a servicer from moving forward with foreclosure while a loss mitigation application is under review. The regulation is clear:
In this case, LoanCare sent a certified letter acknowledging the modification review. That letter created a legal obligation to stop the foreclosure track. Instead, they accelerated both tracks simultaneously. The modification track was a fiction. The foreclosure track was the reality.
Marinosci Law Group filed the Motion for Summary Judgment on the same afternoon the modification letter was sent. This is not a timing error. This is a coordinated dual-track strategy designed to exhaust the homeowner with false hope while the legal machinery moves toward sale.
The violation is absolute. It is documented. It is in the court record. And it is a defense that can halt the foreclosure in its tracks.
Let me be direct with you. When you submitted your loan modification application, did you believe the servicer was actually reviewing it? Did you believe the certified letter meant something? Did you believe you were on the modification track?
Now let me ask you something harder. What if the modification track was never real? What if the certified letter was a form letter generated by a system that was simultaneously filing a Motion for Summary Judgment? What if the entire process was designed to keep you passive while the sale moved forward?
The reason most homeowners lose is not because they lack a defense. It is because they do not know the defense exists. They are too busy hoping for a modification to realize the foreclosure mill is already filing motions. They are too busy calling customer service to realize the customer service representative has no authority to stop the legal track.
What do you think would happen to your timeline if you actually knew their mistakes before you walked into a courtroom?
Are you willing to keep trusting a process that has been proven to be a fiction? Or are you ready to force the servicer to prove which track they are actually on?
Dual-tracking is not a misunderstanding. It is a federal violation. And the only way to stop it is to expose it. The certified letter is your evidence. The Motion for Summary Judgment is your counter-evidence. The timeline is your proof.
Do not abandon your home or hand your keys to a lender without verifying the legal standing. Force the bank to prove their standing under a meticulous legal audit.
Open your case file with Agent Brian Steele and let the forensic engine expose the dual-track today.
https://briansteele.prosedefense.org/
*This analysis is for informational purposes only and does not constitute legal advice. Every case is different. Consult licensed counsel for your specific situation.*
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