Dalia Israel v. U.S. Bank National Association, as Trustee Under Pooling and Servicing Agreement Dated as of March 1, 2006 Master Asset-Backed Securities Trust 2006-WMCI Mortgage Pass-Through Certificates Series 2006-WMCI, and Mortgage Electronic Registration Systems, Inc., as Nominee for WMC Mortgage Corporation

Summary

The Florida Fourth District Court of Appeal affirmed a foreclosure judgment against Dalia Israel. A dissent argued that the mortgage servicer failed to prove compliance with the mortgage's paragraph 22 notice-of-default condition precedent because the notice was sent to an unclaimed post office box not shown to have been provided by the borrower.

Holdings

1. The circuit court's foreclosure judgment was affirmed.

Questions Presented

1. Whether the servicer complied with paragraph 22 of the mortgage by providing the required notice of default before filing the foreclosure action.

Disposition

affirmed