Lenders Must Prove Mortgage Acceleration Letters Are Mailed

Florida Court Says Lenders Must Prove Homeowners Received Mortgage Acceleration Letters Prior To Foreclosure

mortgage acceleration letters
Attorney Mark Stopa successfully argued the Soule’s appeal without going berserk in the courtroom.
The 2nd Florida DCA ruled that mortgage servicers must prove they mailed mortgage acceleration letters to a homeowner before initiating a foreclosure. The appellate court ruled in favor of homeowner Steven E. Soule.
Soule appealed the final judgment of foreclosure entered in favor of U.S. Bank National Association, as trustee for BNC Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 (the MBS Trust).
Soule raised a number of grounds for reversal of the final judgment. The court rejected all of his arguments except one. The justices agreed that the MBS Trust failed to comply with paragraph 22 of the mortgage.
Paragraph 22 of a mortgage dictates the steps the lender must do when giving notice of the default. The Court reversed the trial court’s ruling.

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