Foreclosure turned over Paragraph 22 of the Mortgage

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A dispute over paragraph 22 of the mortgage may force banks to make stronger arguments to prove notices of defaults entered.

In this Third District Court of Appeals case, the bank tried to foreclose the homeowner’s mortgage at summary judgment, which entails that there be no questions of material fact and the bank be permitted to a foreclosure judgment as a matter of law – a stage before trial.  The homeowner also filed for summary judgment, in dispute that paragraph 22 of the mortgage was not fulfilled by the bank, which involves the bank notify the homeowner of the default and certain rights and defenses the proprietor may have.  The bank filed two separate affidavits proving that the paragraph 22 notice of default was mailed and significantly complied with the requirements of paragraph 22 of the mortgage.

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Loan Servicer Failed to Verify Records from its Predecessors

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The foreclosing bank failed to verify the accuracy of the records it received from the previous loan servicer causing them to lose the case.

Defense lawyer Bruce Jacobs claimed that beyond matching columns and fields and using a checklist to confirm receipt of key documents, the servicer did not verify details in the files. Miami-Dade Circuit Judge Beatrice Butchko vetoed Ocwen Financial Corp.’s banking records and left out its testimony after discovering the loan servicer failed to verify its predecessor’s records in a foreclosure case.

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Any information on this website is not intended to be communicated as legal advice. All information contained on this site is general and intended for information purposes only. For detailed legal advice regarding your loan modification, foreclosure, and/or bankruptcy needs, please schedule an appointment with the attorney. The Law Office of Emil Fleysher, P.A. is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.