Posts tagged strict compliance.
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 ...
Posted in: Florida, Third Circuit
Tags: Bank of New York Mellon v. Nunez, burr forman, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, florida, Green Tree Servicing v. Milam, mortgage, Paragraph 22, Paragraph 22 Notices, strict compliance, Strict Compliance Standard, Third DCA
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 ...
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