US Bank National Association v. Guillaume

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Defendants Maryse and Emilio Guillaume failed to make their mortgage payment in April 2008, and made no payments since. In May 2008, the mortgage servicer "ASC" delivered a Notice of Intention to Foreclose informing them that the lender intended to file a foreclosure action and that they should seek the advice of an attorney. The notice of intention identified ASC, with a telephone number, as the entity to contact if they wished to dispute the calculation of the payment due or that a default had occurred. The name and address of the lender, Plaintiff U.S. Bank, did not appear anywhere on the notice. One month later, the Bank filed a foreclosure action. The complaint warned that judgment could be entered if Defendants failed to file an answer to the complaint within thirty-five days and that exercising their rights to dispute the debt did not excuse them from this requirement. For several months thereafter, the Guillaumes corresponded with ASC about the possibility of a loan modification to reduce their payment and to restore the loan to active status. However, the Guillaumes did not file an answer in the foreclosure action. The court entered a final judgment of foreclosure. The Guillaumes attempted to vacate the default judgment against them, arguing that the failure to provide the lender's name on the May 2008 notice of intent to foreclose was in violation of the Fair Foreclosure Act. The trial court denied the motion to vacate. On appeal, the Supreme Court held that because the trial court ordered the Bank to reissue a notice of intention and because the Guillaumes' other arguments did not warrant relief, the Court affirmed the denial of their motion to vacate the default judgment. View "US Bank National Association v. Guillaume" on Justia Law