Deutsche Bank National Trust Co. v. Sheard 249 So.3d 736 (Fla. Dist. Ct. App. 2018)

The Deutsche Bank National Trust brought a residential mortgage foreclosure action against a borrower. The borrower claimed at trial that he had not received adequate notice because the Trust sent the default notice letter to the property address, in accordance with its contact records, whereas the borrower received mail elsewhere. After trial, the trial court in Lee County, Florida dismissed the Trust’s action. However, Quarles & Brady, calling attention to the fact that the borrower admitted to having received notice, and contending the Trust was reasonable to rely on its records, appealed the dismissal and asserted the Trust had substantially complied with the notice requirement. On appeal, Quarles & Brady won both a reversal and a remand with instructions for the trial court to enter final judgment in favor of the Trust.

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