Overcoming obstacles relating to proof of mailing of the demand letter to the borrower. Florida courts have recently ruled in favor of borrowers at trial due to the servicer’s failure to prove the demand letter was properly mailed. This is a hot topic throughout Florida due to the high volume of loans that have recently been bought, sold, and transferred from one investor/servicer to another. When a loan is transferred, the current servicer has the evidentiary burden of proving the demand letter was sent pursuant to the terms of the loan agreement. This burden becomes more difficult if the prior servicer sent out the demand letter, or a third party vendor mailed out the letter on behalf of the servicer. Padgett Law Group will help you navigate these obstacles in the most effective way possible.
For more information, contact Steven G. Hurley, Esq.