Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:01-cv-00669-FMA

Document 67

Filed 09/07/2005

Page 1 of 2

UNITED STATES OF AMERICA COURT OF FEDERAL CLAIMS BENJAMIN ALLI, SHAKI ALLI and BSA CORPORATION, a Michigan Corporation Plaintiffs, vs. UNITED STATES OF AMERICA, Defendant. _____________________________________/ STEMPIEN & STEMPIEN, PLLC By: Gregory J. Stempien Eric Stempien Attorney for Plaintiff 315 N. Center Street Suite 200 Northville, MI 48167 (248) 735-9200 DEPARTMENT OF JUSTICE, COMMERCIAL LITIGATION By: Marla Conneely Attorney for Defendant 1100 L Street N.W., Room 11054 Washington, DC 20005 (202) 307-0318 _____________________________________/ PLAINTIFFS' PROPOSED FINDINGS OF UNCONTROVERTED FACT Plaintiffs, by and through their attorneys, hereby present their Proposed Findings of Uncontroverted Fact: 1. HUD began foreclosure proceedings on its mortgage on the Collingwood property on October 5, 1999. Exhibit 2- Defendant's Counterclaims, p. 12, paragraph 86 HUD foreclosed on its mortgage for the Collingwood property in March, 2000 and sold the Collingwood property at auction for approximately $80,000.00. Exhibit 3 - Notice of Foreclosure and Exhibit 4 - Deposition of Cory Fanning, p. 34, lines 10-11 Case No. 01-669C Judge Francis Allegra

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eallipl.ot2.doc

Case 1:01-cv-00669-FMA

Document 67

Filed 09/07/2005

Page 2 of 2

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HUD's foreclosure and sale of Collingwood property violated its own regulations, which require that HUD "encourage sale, by the mortgagor, as an alternative to foreclosure". The regulations further require that the "encouragement of a sale .... Should be by active (if possible face-to-face) and direct methods rather than passively subsuming it in the text of a letter without explanation or elaboration." Exhibit 5 - HUD Mortgage Servicing Handbook, p. 5-1, paragraphs 5-1(A) and 5-1(C) STEMPIEN & STEMPIEN, PLLC

______________________________ By: Eric Stempien Attorney for Plaintiffs Dated: September 7, 2005

eallipl.ot2.doc