With regard to the underlying facts in the decision, the borrowers defaulted on their payment obligations under the security instrument. Absent strict compliance, a foreclosure sale is potentially subject to being declared void, even if notice to the borrower satisfied key requirements by providing notice of a default under the mortgage, advises of the action required by the borrower to cure the default, provides a date not less than 30 days by which the default is to be cured, and further informs the borrower that the failure to cure the default may result in acceleration of all amounts due and sale of the property. A recent decision by the Alabama Supreme Court requires a mortgage servicer’s strict compliance with the acceleration remedies notice provisions contained within a security instrument.
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