In an appelate court case that was released on August 5, 2009, the Fourth District Court of Appeals for Florida found that language in a mortgage which states that the lender must provide notice of default and an opportunity to cure and an allegation from the borrower that the lender did not provide this notice was enough to prevent the lender from succeeding in its summary judgment motion. The Case, SHERRY A. FROST and JERRY FROST, Appellants, v.REGIONS BANK, successor by merger to UNION PLANTERS BANK, N.A., successor by merger with UNION PLANTERS MORTGAGE, INC., Appellee. No. 4D08-3168, represents a fantastic decision for all borrowers facing foreclosure because in the vast majority of cases, lenders fail to provide proper notice to borrowers before filing foreclosure.
This case joins a growing line of foreclosure cases where the courts are siding with borrowers in foreclosure disputes and preventing lenders from obtaining foreclosure. In my experience, judges have become very frustrated with lenders and their attorneys for a wide range of practices that are either subtly unfair or grossly abusive. The resulting frustration is increasingly being reflected in unreported circuit court cases where judges carefully scrutinize the lender’s claims and now in circuit court appeals cases where appelate judges are affirming the decisions of the lower court judges.
Bottom line is there are real defenses out there if you find yourself in foreclosure and you owe it to yourself to hire an experienced foreclosure defense attorney to protect your interests! For more information, visit my website at www.mattweidnerlaw.com.