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If Borrower sends a Cease and Desist Letter Argument Can be Made that No Face to Face Requirement is Needed.
On March 25, 2020, the Fourth District Court of Appeal in Bank of America v. Jones, Case No. 4D19-1164 (Fla. 4th DCA 2020) held that if a Borrower sends a cease and desist letter, it is a clear expression that the Borrowers would not cooperate and vitiated the requirement to conduct a face to face meeting. Accordingly, the Fourth District Court of Appeal reversed the involuntary dismissal, and remanded the proceedings. This case is not yet final, and subject to rehearing.
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