Cesar A. Woel v. Christiana Trust, as Trustee for Stanwich Mortgage Loan Trust Series 2017-17

Syllabus

In this case of first impression, the plaintiff, Cesar Woel, appealed from a Superior Court order dismissing his complaint against the defendants, Christiana Trust, as Trustee for Stanwich Mortgage Loan Trust Series 2017-17, and Selene Finance (collectively defendants), and declaring that a foreclosure sale of the plaintiff's property was valid. On appeal, the plaintiff argued that the trial justice erred because the defendants failed to provide him with proper notice of default as required by the terms of the mortgage. The Supreme Court held that strict compliance with the notice requirements contained in the mortgage was a condition precedent to a valid foreclosure sale. The Court also held that the defendants failed to strictly comply with the notice requirements contained in the mortgage because the notice failed to inform the plaintiff of the right to reinstate the mortgage after acceleration. Accordingly, the Supreme Court deemed the foreclosure sale to be void and therefore vacated the order of the Superior Court.