Whether under the Fannie Mae/Freddie Mac Uniform Mortgage, a notice given by certified mail return receipt requested is a means other than first class mail, thus requiring actual delivery

QUESTION PRESENTED INTRODUCTION This is a_ residential foreclosure case, concerning the Fannie Mae/Freddie Mac Uniform Mortgage, used for tens of millions of mortgages. This mortgage requires the lender give the homeowner a default notice, prior to filing suit, giving the homeowner, a consumer due process right of notice and an opportunity to cure the default. Under the mortgage, service of the notice is deemed given the homeowner, either when sent first class mail, or when actually received, if sent by other means. At trial the lender’s evidence showed, that the lender did not give the homeowner the default notice by first class mail. Instead, the lender sent the notice only once, by certified mail return receipt requested. The notice sent by certified mail return receipt requested was never claimed by the homeowner. The default notice was never received by the homeowner. QUESTION Whether under the Fannie Mae/Freddie Mac Uniform Mortgage, a notice given by certified mail return receipt requested is a means other than first class mail, thus requiring actual delivery.