It Will Make It REAL Hard For Banks to Avoid This Argument…..(from their own lawyers)
Defense counsel will attempt to use the Judy case to support their position that the notices of default must be in strict compliance with the language used in the notice requirement under the mortgage. As a result, it’s advisable that future notices of default be revised to match the exact wording of the notice requirement under the mortgage. To cure a related attack as to the number of days of notice provided in the notice of default letters, it is also advisable that the date indicated by which to cure the default be 35 days from the date on the letter versus 30 days. The additional five days will allow for delays that may be experienced between the letter being generated and the letter being mailed out, and should negate an argument that a full 30-day period to cure has not been provided.
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