In late July, another Florida appellate court took a sizable chunk out of foreclosure defense attorneys’ litigation playbook, holding that substantial compliance, rather than strict compliance, is the prevailing standard to be used by courts when assessing whether a mortgage loan servicer complied with the pre-foreclosure requirements found in Paragraph 22 of most residential mortgages.
No Notice of Mortgage Assignment in Florida? No Problem
Earlier this month, the United States District Court for the Southern District of Florida in Summerlin Asset Mgmt. V Trust v. Jackson decided an issue of first impression regarding whether compliance with Florida Statute section 559.715 is a condition precedent to the commencement of a mortgage foreclosure action. The section is a provision of the
Mortgage Lenders Should Timely Consider Protection Afforded by Closing Protection Letters
Mortgage lenders and servicers frequently consider potential indemnity due under finally issued lender’s title insurance policies and strive to submit timely claims when a covered defect arises. These same parties should also consider whether additional indemnity is due as part of a separately issued closing protection letter (CPL), also known as an “insured closing services