Florida Appeals Court Agrees With Homeowner In Mailing Error Foreclosure Case
On March 17, 2015 by Eric Klein
Florida’s Fourth District Court of Appeal sided with homeowner, Bruce L. Blum, in his foreclosure case involving a notice of default that was sent to an incorrect mailing address. The Appeals Court overturned the judgment made by Senior Circuit Court Judge Midelis in favor of Deutsche Bank Trust Company, the lender that attempted to recover Blum’s Port St. Lucie home.
The three-judge Fourth District Court of Appeal found that Deutsche Bank failed to prove that it complied with the mortgage and note’s contractual requirement to mail a notice of default — commonly called a breach letter — to Blum as a condition leading to foreclosure. The breach letter admitted into evidence did not meet the requirement in the mortgage to deliver the default notice to the appellant at the “notice address,” specified in the mortgage as “the property address.”
Deutsche Bank sent the notice of default to a post office box rather than the property address, which was the official notice address listed in the mortgage. The house was vacant at the time.
The Appeals Court reversed and remanded the case for dismissal due to insufficient evidence that the notice of default was sent.
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