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Paragraph 22 Notice in Helton V Bank of America

Sherri discusses a recent foreclosure case that was decided in the 5th District Court of Appeals - Helton V Bank of America. One of the issues the courts must decide is whether of not the bank proved that they complied with giving notice of the default. This is otherwise known as a Paragraph 22 notice. ...

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The Current State of the Paragraph 22 Defense in Florida

For years, homeowners defending mortgage foreclosure actions have raised what is commonly referred to as the paragraph 22 notice defense. They have asserted as an affirmative defense to mortgage foreclosure actions that their mortgage has certain very specific notice requirements that the lender must give prior to accelerating the amounts due under the mortgage. Homeowners and their defense attorneys previously argued that the lender must strictly comply with these requirements. ...

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