Acceleration Fails, the Homeowner Wins Dismissal at Fifth Circuit

In this foreclosure case the panel dismissed the claims of the lender, Wilmington and ruled for the homeowners.

“Kcevin and Angel Rob defaulted on a home equity loan. The Robs’ lender, Wilmington Trust, sued for a judgment permitting foreclosure. The district court granted summary judgment in Wilmington Trust’s favor. The Robs appeal, arguing that Wilmington Trust is not entitled to foreclosure because the company failed to prove that it provided adequate notice of intent to accelerate. Agreeing, we reverse the summary judgment and render a judgment of dismissal.”

Wilmington Trust v Rob

Before BARKSDALE, HIGGINSON, and SMITH