Frank Diaz v. Select Portfolio Servicing

Syllabus

The plaintiffs, Frank Diaz and Shari Lemoi, appealed from a February 14, 2025 final judgment of the Superior Court in favor of the defendants, Select Portfolio Servicing and Deutsche Bank National Trust Company, as trustee for Long Beach Mortgage Loan Trust 2006-5. The plaintiffs contended that the hearing justice erred in granting the defendants' motion for summary judgment because, in their view, the notice of default was misleading as to the date to cure the default and because the notice of acceleration \negated strict compliance\ with paragraph 22 of the plaintiffs' mortgage. The Court held that the notice of default strictly complied with the notice requirements contained in paragraph 22 of the mortgage and that the notice of acceleration was not misleading. Accordingly, the Court affirmed the judgment of the Superior Court.