Laws v. Wells Fargo Bank, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D548 (Fla. 1st DCA February 27, 2015)
The appellate court reversed final summary judgment of mortgage foreclosure for the lender. “Because the note contain[ed] language specifically and expressly incorporating HUD regulations that require a written notice of acceleration, [the borrower] was entitled to raise failure to comply with these regulations as a valid defense to foreclosure.” “[The lender] did not deny that it failed to send [to the borrower] written notice of default and intent to accelerate. Nor was any such notice entered into evidence below.” As a result, the court reversed summary judgment and remanded for trial.
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