Douglas and Archondoula Edmonds borrowed funds from Chase Bank USA, National Association (N.A.), secured by a mortgage
Question:
Douglas and Archondoula Edmonds borrowed funds from Chase Bank USA, National Association
(N.A.), secured by a mortgage on real property in Cape Coral, Florida. The mortgage required the lender to give the borrowers notice of default and an opportunity to cure it.
Later, JP Morgan Chase Bank, N.A. filed a suit in a Florida state court against the Edmondses to foreclose on the mortgage.
The Edmondses responded that they had not received the required notice of default. At the trial, the bank showed the court several default letters addressed to the couple. But the bank could not provide any return receipts, a mailing log, or other evidence to show that the letters had actually been mailed or delivered. Should the court enter a judgment of foreclosure or dismiss the suit? Explain.
Step by Step Answer:
Business Law Text And Exercises
ISBN: 9780357717417
10th Edition
Authors: Roger LeRoy Miller, William E. Hollowell