Can a servicer demonstrate that a default letter was sent by a third-party vendor through the testimony of a representative of the servicer?

In a recent slip opinion, Florida’s Second District Court of Appeal reaffirmed that a mortgagee’s default notice requirement can be satisfied utilizing third party vendor. See U.S. Bank N.A. v. Charles W. Engle, 2D18-3384 (Fla. 2nd DCA 2020).

In Engle, Nationstar testified that it created the Notice of Default and conveyed an image of that notice to a third party vendor. The third party vendor then provided Nationstar with confirmation that the letter was sent, as evidenced by additionally provided collection notes. The third party vendor then input the tracking information on a website so that Nationstar could monitor it. Citing previous case law, the Court held that the Plaintiff had presented sufficient evidence to preclude involuntary dismissal.