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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)

Citation
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Parent Document
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Jurisdiction
New Hampshire (state)
Effective Date
2014-03-04

Other Sections in This Document (127)

Full Text

1,110 chars
Sykes alleges that the mortgage defendants breached the mortgage agreement “by not providing [him] with the notice of default, notice of acceleration and notice of foreclosure sale” prior to foreclosing on his home as required by paragraph twenty-two of the mortgage agreement. Compl. ¶ 113. The mortgage defendants contend that they provided Sykes with the notice of default on December 8, 2008, the notice of acceleration on July 6, 2009, and the notice of foreclosure sale on September 2, 2009. They attach each letter as an exhibit to their objection. They also attach as an exhibit a letter from Harmon Law Offices (“Harmon”) dated October 2, 2009, referencing a conversation between Harmon and Sykes and stating that “cop*137ies of the original notice of sale letters send [sic] certified mail” were enclosed. Sykes maintains in his reply that he did not receive the notices in accordance with the provisions in the mortgage agreement, and contends that the mortgage defendants did not include certified mail return receipts in the exhibits to show that they sent the notices on the days they were dated.