Federal National Mortgage Ass'n v. Hawthorne

The plaintiff appeals from the trial court’s involuntary dismissal of the plaintiffs foreclosure action. The court dismissed the action because the plaintiff did not mail the default notice to the defendant at the “Property Address” defined in the mortgage. The plaintiff primarily argues that it substantially complied with the mortgage by mailing the default notice to the defendant’s primary address, which was typewritten underneath the defendant’s signature on the mortgage. We agree with the plaintiffs argument. We reverse for the court to determine the action on the merits.

We present this…