The Circuit Court for Marion County entered a summary judgment in favor of the mortgagee.  The Defendant Mortgagors appealed to the Fifth District Court of Appeal.  The mortgagors relied on affirmative defenses that asserted non-compliance with the acceleration notice requirements in the mortgage.

Mortgagee relied on a notice letter to support summary judgment, but the notice failed to advise the mortgagor regarding the right to reinstate, and it failed to provide notice for the time to cure any such defaults.  These conditions were identified by the appellate court in the mortgage, but the appellate Court rejected the bank’s argument that it “substantially complied.” The Court noted that the bank “simply failed” to provide the notice information contained in its own mortgage.

The summary judgment was reversed.

The full opinion may be found at http://www.5dca.org/Opinions/Opin2014/032414/5D13-1585.op.pdf

 

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