Deutsch Bank Trips and Falls: Default Notice Strictly Construed

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see http://www.dailybusinessreview.com/id=1202719610201/No-Default-Notice-Means-No-Foreclosure-4th-DCA-Rules?slreturn=20150206120242

Case dismissed. Deutsch sent the notice of default to a P.O. Box when they should have sent it to the property address. End of story?

Maybe not. This decision from the 4th DCA shows that at least this Court in Florida is starting to lean heavily away from the bank illusions and myths. You can’t produce self serving documentation and then say that it is presumptively correct because you say so. As it becomes more clear that the legal presumptions and factual assumptions are leading trial courts AWAY from the truth and into a fraudulent scheme created by the banks.

When I represented banks I would send the default letter Certified return receipt requested to show delivery or attempted delivery refused. In nearly all cases the banks are showing a copy of a letter they say was sent but they have no proof it was ever sent. In this case with Deutsch, even if they sent it, it clearly went to the wrong address.

Not long ago such an error would have been considered as immaterial. This time it was dispositive ending the case in favor of the homeowner. What happens next? We don’t know. But for now the homeowner is safely in their home and not subject to forfeiture. Does he owe money? Maybe. But not to Deutsch and not to anyone identified by Deutsch in their so-called chain of ownership.

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