[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.fight13.com\/mailing-notices#BlogPosting","mainEntityOfPage":"https:\/\/www.fight13.com\/mailing-notices","headline":"Mailing Notices","name":"Mailing Notices","description":"Mailing notices to the defendant. I\u2019ve spoken about this issue in the past, but I feel compelled to discuss it again because of how critical it is for homeowners. Many standard mortgages contain language that dictates the obligations of each party when it comes to sending mail back and forth....","datePublished":"2017-10-10","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\/mailing-notices","about":["Foreclosure Defense"],"wordCount":707,"keywords":["foreclosure defense"],"articleBody":"Mailing notices to the defendant. I\u2019ve spoken about this issue in the past, but I feel compelled to discuss it again because of how critical it is for homeowners. Many standard mortgages contain language that dictates the obligations of each party when it comes to sending mail back and forth. Generally speaking, the property address is called the \u201cnotice address\u201d \u2013 the address you as a homeowner want mail from your Bank\/Mortgage Servicer to be sent to. There are rules in place for changing the notice address, say if you want mail forwarded to a PO Box or another property you may own, but the majority of the time, mail from your Bank should be sent to your home. As simple and as logical as that sounds, it\u2019s not surprising to see Banks today that still struggle with this concept.I recently attended a trial on behalf of one of our clients and one of the main issues was whether a certain piece of mail was sent to the home. This happened to be a critical question \u2013 one that would decide the case for either the Bank or my client. The letter was addressed to the property\/notice address, but that isn\u2019t necessarily proof that the Bank actually mailed the letter out. In fact, the case turned in our favor when the Bank wasn\u2019t able to definitively prove that it was mailed out. For example, the Bank had notes from their computer system which identified other types of notices, some of which were mailed out and others which were not. Specifically, the Bank\u2019s internal notes said \u201cX letter sent\u201d or \u201cY letter not sent\u201d. When looking over the notes for the notice in question, the notes did not say whether it was sent or not. This is not evidence that it was sent, which was a misstep for the Bank.To really drive the point home, I questioned the Bank\u2019s witness about this notice and who would know if it was sent out. The witness explained that the Bank uses a separate company when dealing with the notice. I asked the witness to name the company \u2013 he didn\u2019t know. I asked the witness to tell me where this company was located \u2013 he didn\u2019t know. I asked the witness to tell me the procedure this company has in place to make sure the notice was actually mailed \u2013 he didn\u2019t know. I don\u2019t often use the phrase \u201crobo-witness\u201d, but it was pretty clear to me and the Judge that this witness didn\u2019t really know the file, that he was just accustomed to testifying in a way that favored his client, he couldn\u2019t really answer any questions that disfavored the Bank. To that end, the Judge found that there was not enough evidence to prove that the notice was mailed to the property address and the Judge dismissed the Bank\u2019s case.It\u2019s easy to think that a big Bank, with all of its resources, can just steamroll over homeowners who don\u2019t have the funds or knowledge to defend themselves. But it goes to show that even a Goliath can be taken down.If your bank has filed a foreclosure action against you, contact our Florida foreclosure defense lawyer to set up an appointment to go over your options and for more information on foreclosure defense.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":"Mailing Notices","item":"https:\/\/www.fight13.com\/mailing-notices#breadcrumbitem"}]}]