Smith v. Reverse Mortgage Solutions, Inc.

The labor expended by the majority to keep Kenneth Smith’s widow in her home is admirable. Unfortunately, the legal analysis used does not measure up. For this reason, I respectfully dissent.

I

The central issue in this case is whether there was a default under the mortgage, authorizing Reverse Mortgage Solutions, Inc., to foreclose. Reverse Mortgage Solutions asserts there was a default under Paragraph 9(a)(i) of the mortgage. This paragraph reads as follows:

*2299. Grounds for Acceleration of Debt,(a) Due and Payable. Lender may require immediate payment in full of all sums secured by this Security…