Where a plaintiff has alleged that a loan servicer sent a defective notice of the right to cure a mortgage default, the complaint should be dismissed because the default notice complied with the terms of the mortgage contract and with G.L.c. 183, §21.Plaintiff Maureen Kelley, as personal representative of the Estate of Edward C. Kelley, filed this action against defendants Select Portfolio Servicing, Inc. (‘SPS’) and U.S. Bank Trust, National Association, not in its individual capacity but solely as Trustee of Citigroup Mortgage Loan Trust 2021-RP2 (the ‘Trust’).
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