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POZZIE v. U.S. DEPT. OF HOUSING & URBAN DEVELOPMENT

No. 94-1932.

48 F.3d 1026 (1995)

Diana A. POZZIE, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and Henry G. Cisneros, in his official capacity as Secretary of the Department of Housing and Urban Development, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 1995.

Attorney(s) appearing for the Case

Mary D. Cahill (argued), Susan Einspar-Wayne, Hinsdale, IL, James P. Brown, Will County Legal Assistance Program, Jolet, IL, for Diana A. Pozzie.

Kurt Lindland, Office of the U.S. Atty., Crim. Div., Chicago, IL, Steven C. Mason (argued), Office of the U.S. Atty., Civ. Div., Appellate Section, Chicago, IL, Nelson Diaz, U.S. Dept. of Housing and Urban Development, Office of Gen. Counsel, Washington, DC, for U.S. Dept. of Housing and Urban Development.

Kurt Lindland, Office of the U.S. Atty., Crim. Div., Chicago, IL, Nelson Diaz, U.S. Dept. of Housing and Urban Development, Office of the Gen. Counsel, Washington, DC, for Henry G. Cisneros.

Before POSNER, Chief Judge, EASTERBROOK and MANION, Circuit Judges.

MANION, Circuit Judge.

After Diana Pozzie lost her job and defaulted on a home mortgage insured by the Department of Housing and Urban Development ("HUD"), she applied to have HUD accept an assignment of her mortgage and thereby prevent foreclosure. HUD rejected her application, finding that Pozzie failed to satisfy the eligibility requirement that the default not be caused by circumstances beyond her control. HUD found that Pozzie's job loss resulted from her excessive...

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