The problem that arose in this particular situation was that the servicer didn’t carryover the automatic payment process and they failed to notify our client appropriately. When our client noticed that the mortgage payments had not been withdrawn, he proceeded to send the check by mail. To his confusion and dismay, the servicer would not accept the payment and returned the check.
Soon after, the servicer filed a foreclosure suit against our client in March of 2013, and we have been representing this client since. The case was set for trial on June 3, 2014. Before the case went to trial, our Miami foreclosure defense attorneys filed a motion to dismiss the case due to the servicer’s inability to prove validity of the claim. The judge agreed, our motion for dismissal was granted.