In response to the homeowner’s initial answer and affirmative defenses showing that no notice of default and acceleration was attached to the complaint, the bank did file a copy of such notice with the court.
The homeowner filed motion to amend answer and affirmative defenses and attached the proposed amended answer and affirmative defenses showing the following deficiencies discovered in the notice:
1) it was not sent to the homeowner’s correct address;
2) it did not completely apprise the homeowner that “a foreclosure by judicial proceeding” may result if the default is not cured;
3) it did not fully advise the homeowner that he might raise defenses within the foreclosure procedure.
There is absolutely no ground for the court not to grant the homeowner’s motion, unless it is filed 1 day prior to trial, or the homeowner filed several such motions previously.