Foreclosure Defense Florida

Default Letters in Foreclosure Cases, MUST BE COMPLIED WITH!

There’s only one paragraph in a mortgage that is in bold.  That means it means something.

 

2D13-5349-1

“When interpreting a contract, the court must first examine the plain
language of the contract for evidence of the parties’ intent.” Murley v. Wiedamann, 25
So. 3d 27, 29 (Fla. 2d DCA 2009). The goal in construing the contract language is to
reach a reasonable interpretation of the entire agreement in order to accomplish its
stated purpose and meaning. Id. “[W]here one interpretation of a contract would be
absurd and another would be consistent with reason and probability, the contract should
be interpreted in the rational manner.” BKD Twenty–One Mgmt. Co. v. Delsordo, 127
So. 3d 527, 530 (Fla. 4th DCA 2012)).

Here, it is clear that the forbearance agreement, when examined in its
entirety, was not intended to waive the Hatadises’ right to notice outside of the sixmonth
period from June 1, 2009, to November 30, 2009. The agreement first states
that the Hatadises requested interest-only payments for this six-month period and that
Achieva was willing to give them this reduction in payments. In paragraph two, the
agreement clarifies that the “parties agree that a forbearance period from June 1, 2009
[through] November 30, 2009 is appropriate.” Paragraph three sets the exact amount
that the Hatadises were to pay “[d]uring the period of forbearance,” and paragraph four
states that the Hatadises would resume their regular monthly payments “[u]pon
expiration of this forbearance, on December 1, 2009.”
Considering these preceding paragraphs, it becomes clear that the waiver
of notice found in paragraph six was only intended to apply during the six-month
forbearance period. Indeed, the language of paragraph six at issue reflects just that:
“Borrowers acknowledge that no further notice of default is necessary and any
additional notice of default of this agreement is hereby waived.” (Emphasis added.)
Paragraph six also states that “[a]ll other terms and conditions of the original Note and
Mortgage remain in full force and effect other than the change in terms of payment
during the forbearance period as provided in this agreement.” Taken together, the two
sentences in paragraph six indicate that once the forbearance agreement expired on
December 1, 2009, Achieva was again required to provide notice of default under
paragraph twenty-two of the mortgage.

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