In a recent slip opinion, Florida's Second District Court of Appeal reaffirmed that a mortgagee's default-notice requirement can be satisfied utilizing a third-party vendor. See U.S. Bank N.A. v. Charles W. Engle, 2D18-3384 (Fla. 2d DCA 2020).
In Engle, Nationstar testified that it created the Notice of Default and conveyed an image of that notice to a third-party vendor. The vendor then provided Nationstar with confirmation that the letter was sent, as evidenced by additional collection notes, and input the tracking information on a website so that Nationstar could monitor it.
Citing previous case law, the court held that the plaintiff had presented sufficient evidence to preclude involuntary dismissal.
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