Davis v. Pennymac Loan Services, LLC (Majority)
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In a certified question of law regarding the requirement for creditors to comply strictly with the Arkansas Statutory Foreclosure Act the Supreme Court held that Ark. Code Ann. 18-50-104(b)(4) requires disclosure of the specific default under the terms of the mortgage agreement.
The Court by the United States Bankruptcy Court for the Western District of Arkansas certified the question of law to the Supreme Court, asking whether mere acknowledgment that a default has occurred is sufficient for the trustee's Notice of Default and Intention to Sell or whether section 18-5-104(b)(4) requires the trustee's notice of default to set forth the default for which foreclosure is made. The Supreme Court answered that the statute requires that the notice must state the specific default that occurred.
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