On July 29, 2015, Florida's Second District Court of Appeal held that substantial compliance, rather than strict compliance, is the legal standard for evaluating a foreclosing plaintiff's compliance with contractual conditions precedent to acceleration of mortgage debt (and in particular, the conditions identified in paragraph 22 of most standard residential first mortgages). Green Tree Servicing, Inc. v. Milam, 2015 WL 4549200, at 4-5, 2015 Fla. App. LEXIS 11324, at 9-11. The Milam decision built upon and clarified prior case law from Florida's Second and Fifth DCAs that ...
Posts tagged standard residential first mortgages.
Tags: burr forman, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, contractual conditions, florida, Florida's Second District Court of Appeals, foreclosure, Green Tree Servicing Inc. v. Milam, mortgage debt, Samaroo v. Wells Fargo Bank, standard residential first mortgages, strict compliance, substantial compliance