[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.fight13.com\/did-you-receive-the-banks-acceleration-letter-prior-to-foreclosure#BlogPosting","mainEntityOfPage":"https:\/\/www.fight13.com\/did-you-receive-the-banks-acceleration-letter-prior-to-foreclosure","headline":"Did you Receive the Bank\u2019s Acceleration Letter Prior to Foreclosure?","name":"Did you Receive the Bank\u2019s Acceleration Letter Prior to Foreclosure?","description":"Before the lenders file a foreclosure action against a homeowner, the lenders are required to provide a Notice of Default and Intent to Accelerate letter (\u201cdemand letter\u201d) to the homeowner. Most mortgages require this and consider this requirement a condition precedent to a foreclosure suit. The commonly used phrase in...","datePublished":"2017-07-12","dateModified":"2025-09-19","author":{"@type":"Person","@id":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel#Person","name":"Matis Abarbanel","url":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel","identifier":55,"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Loan Lawyers, LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/blog.jpg","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/blog.jpg","height":400,"width":800},"url":"https:\/\/www.fight13.com\/did-you-receive-the-banks-acceleration-letter-prior-to-foreclosure","about":["Foreclosure Defense"],"wordCount":468,"keywords":["foreclosure defense"],"articleBody":"Before the lenders file a foreclosure action against a homeowner, the lenders are required to provide a Notice of Default and Intent to Accelerate letter (\u201cdemand letter\u201d) to the homeowner. Most mortgages require this and consider this requirement a condition precedent to a foreclosure suit. The commonly used phrase in and out of Court is called a \u201cparagraph 22 letter.\u201d The lenders will invariably allege in their verified complaint to foreclose that \u201call conditions precedent to the mortgage have been fulfilled or have been waived.\u201d However, this is not a given and must be challenged. For instance, In Lazuran v. Citimortgage, 32 So.3d 189 (Fla. 4th DCA 2010), the 4th DCA reversed the circuit court\u2019s final summary judgment of foreclosure entered against the homeowner. Citimortgage\u2019s complaint alleged that all conditions precedent to the mortgage note\u2019s acceleration had been fulfilled, and Citimortgage\u2019s affidavit in support of its motion for summary judgment stated \u201c[t]hat each and every allegation in the Complaint is true.\u201d Such a conclusory allegation was held to be insufficient to refute the defendant\u2019s affirmative defense that Citimortgage had failed to provide him with notice of the acceleration pursuant to the procedures specified in paragraph 22 of the mortgage. Therefore, reversal was required. See Frost v. Regions Bank, 15 So. 3d 905, 906-07 (Fla. 4th DCA 2009) (\u201cbecause the bank did not meet its burden to refute the Frosts\u2019 lack of notice and opportunity to cure defense, the bank is not entitled to final summary judgment of foreclosure.\u201d). As the case law reflects, the lenders must prove by evidence that the demand letter was actually mailed to the homeowners. We at Loan Lawyers always look out for this defense and have been very successful litigating this issue in the Courts. Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. Please contact us to see how we may be able to help you. In addition, for more information on foreclosure defense, please visit this page.About the AuthorLatest PostsMatis AbarbanelMatis Abarbanel is the founding partner and senior attorney at Loan Lawyers in South Florida. He focuses his practice on consumer rights, helping homeowners navigate issues such as foreclosure and financial hardship. Matis also brings a wealth of experience from his previous work in personal injury law. As a devout Chasidic Jew, he is committed to making a positive impact in his community and dedicates his efforts to charitable initiatives through his non-profit organization, The Center, which aids at-risk Jewish youth. Matis actively serves clients across South Florida and is passionate about empowering individuals to secure their rights and achieve a better future.When Foreclosure Errors by Lenders Lead to Legal Remedies for Homeowners in Fort LauderdaleWhat Homeowners Can Do When Loan Documents Contain Forged or Altered SignaturesUnderstanding Florida\u2019s Debt Forgiveness Programs and IRS Rules"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Did you Receive the Bank\u2019s Acceleration Letter Prior to Foreclosure?","item":"https:\/\/www.fight13.com\/did-you-receive-the-banks-acceleration-letter-prior-to-foreclosure#breadcrumbitem"}]}]