Consumer Finance Litigation

Many judges in Miami-Dade County and elsewhere held the view that "strict" compliance was the standard to determine if a notice of default complied with the provisions of a paragraph 22 of a mortgage. To this day, no appellate court has ever adopted that standard in the mortgage foreclosure context. Instead, substantial compliance appeared to have strong support in cases examining contractual notice provisions. However, for many years, the absence of an opinion in the mortgage foreclosure context expressly adopting substantial compliance created an out for many judges in South ...