Paragraph 22 Of Your Mortgage Matters

This is an interesting decision by the 2nd District Court of Appeals in Florida. In this case, the homeowner, Bryson argued that BB&T had violated the terms of the mortgage contract by not providing a notice to cure as required by paragraph 22 of the mortgage.

At a hearing held on the summary judgment motion, Bryson argued that BB&T had not refuted the affirmative defenses related to paragraph 22 of the mortgage and that the two default notice letters were not authenticated and could not be considered for summary judgment purposes. BB&T responded that the letters were”self-authenticating” because they were created by the bank. The court granted summary judgment to BB&T. The 2nd DCA disagreed and reversed and remanded the case back to the Circuit Court.

Bryson-v-BBT 2nd FL DCA Ruling