Mailbox Power

In Rummans v. HSBC Bank USA, N.A.,  the Fifth Circuit affirmed a foreclosure and breach-of-contract judgment against a borrower, holding that a servicer’s evidence of mailing was sufficient to trigger the common law’s “mailbox rule” that creates a presumption of receipt.

Specifically, the server resented evidence that it “mailed to Plaintiff via first class mail addressed to Plaintiff at the proper address each of the letters at issue.” Applying the mailbox rule, the district court presumed that Plaintiffs received the letters.

The plaintiff’s only contrary evidence was his own testimony that he never received them. The Fifth Circuit agreed that was not enough, because “the purpose of a presumption would be undercut if all that were necessary to defeat a presumed fact were a party’s uncorroborated statement.” The Court also noted that Plaintiff had affirmatively contacted SLS about the loan at one point, which “makes plain he knew there was some looming issue to remedy.” No. 25-10897 (5th Cir. Aug. 26, 2026).