No Foreclosure If No Default Notice Received

The Fourth District Court of Appeal ruled in favor of the homeowner over Deutsche Bank in a foreclosure case over the notice of default. In fact, the property that the bank was trying to recover is in Port St. Lucie, one of the cities hit the hardest by the housing bubble. However, the hay that broke the camel’s back came from the mailing address to which the notice of default was sent to. The homeowner’s attorney argued back. They said that the bank did not send the notice of default to the property address as stated on the terms of the mortgage, thus violating it. But, instead sent the notice of default to a PO Box.

Although the property was unoccupied at the time, the appeals court agreed that there was a violation of the contract. And, has asked for the moving of the case to the trial court; for dismissal for prejudice for noncompliance with the mortgage’s acceleration. Furthermore, fourth District Judges Carole Taylor, Robert Gross, and Spencer Levine all sided with the homeowner in an unsigned opinion. Also, the homeowner’s other defense was not addressed. In fact, the argument was that the bank presented a backdated mortgage assignment and did not prove standing to foreclose.

If you have questions about Foreclosure, Loan Modification, Bankruptcy, Short Sale, or other alternatives, please feel free to call my office at 888-886-0020. Or, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.