REAL ESTATE: MORTGAGE FORECLOSURE: BECAUSE NOTE EXPRESSLY INCORPORATED HUD REGULATIONS THAT REQUIRE WRITTEN NOTICE OF ACCELERATION, BORROWER WAS ENTITLED TO RAISE FAILURE TO COMPLY WITH THOSE REGULATIONS AS A VALID DEFENSE TO FORECLOSURE; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT REVERSED BECAUSE LENDER DID NOT DENY THAT IT FAILED TO PROVIDE NOTICE OF ACCELERATION OR ENTER NOTICE IN EVIDENCE

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.

To read more briefs in the Real Estate: Mortgage Foreclosure category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/real-estate-law/mortgage-foreclosure/.

To read more briefs in the Civil Procedure: Judgment category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/civil-procedure/judgment/.