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Morrison v. U.S. Bank, N.A.

District Court of Appeal of Florida, Fifth District
Jul 29, 2011
66 So. 3d 387 (Fla. Dist. Ct. App. 2011)

Summary

holding that bank's filing of unauthenticated notice letter failed to support summary judgment where defendant denied receiving notice of default

Summary of this case from Galloway v. SunTrust Bank

Opinion

No. 5D10-556.

July 29, 2011.

Appeal from the Circuit Court for Seminole County, Alan A. Dickey, Judge.

Michael E. Rodriguez of Foreclosure Defense Law Firm, PL, Tampa, for Appellants.

Andrew D. Manko of Carlton Fields, P.A., Tallahassee, Michael K. Winston and Dean A. Morande of Carlton Fields, P.A., West Palm Beach, for Appellee.


Appellants challenge the final summary judgment in foreclosure entered in favor of Appellee. Appellants' sole argument on appeal is that a disputed issue of material fact exists as to whether Appellee provided notice of default, as required by the language in the mortgage. Appellants denied that the notice had been provided, specifically quoting the language of the mortgage that pertained to the notice. Although Appellee attached a copy of the notice to its motion, the notice was not authenticated by affidavit or otherwise. The trial court overruled Appellants' objection to the unauthenticated document. Appellee concedes that this was error, but nevertheless, contends that Appellants failed to raise the lack of notice in their pleading with the requisite specificity. We disagree and accordingly reverse and remand this cause for further proceedings.

REVERSED AND REMANDED.

SAWAYA, TORPY and EVANDER, JJ., concur.


Summaries of

Morrison v. U.S. Bank, N.A.

District Court of Appeal of Florida, Fifth District
Jul 29, 2011
66 So. 3d 387 (Fla. Dist. Ct. App. 2011)

holding that bank's filing of unauthenticated notice letter failed to support summary judgment where defendant denied receiving notice of default

Summary of this case from Galloway v. SunTrust Bank

holding that the bank's filing of an unauthenticated notice letter failed to support summary judgment where the defendant asserted she had not received a notice of default

Summary of this case from Colon v. JP Morgan Chase Bank, NA

holding that the bank's filing of an unauthenticatednotice letter failed to support summary judgment where the defendant asserted she had not received a notice of default

Summary of this case from Disalvo v. Suntrust Mortg., Inc.

concluding the bank's filing of an unathenticated notice letter did not support summary judgment where the defendant asserted she had not received a notice of default

Summary of this case from Ramos v. CitiMortgage, Inc.

reversing summary judgment of foreclosure where the borrower claimed she had not received the notice of default as required by the mortgage and the bank simply filed a copy of the notice letter to its motion, which was not authenticated by affidavit or otherwise

Summary of this case from Parkin v. Eagle Home Mortg.

reversing entry of final summary judgment where notice of default attached to motion was not authenticated by affidavit or otherwise

Summary of this case from Cross v. Wells Fargo Bank, N.A.

reversing summary judgment of foreclosure where defendant asserted she had not received a notice of default as required by mortgage, and bank had simply filed an unauthenticated notice letter

Summary of this case from Beaumont v. Bank of New York Mellon

reversing summary judgment of foreclosure where defendant asserted she had not received a notice of default as required by the mortgage and the bank had simply filed an unauthenticated notice letter

Summary of this case from Bryson v. Branch Banking & Trust Co.
Case details for

Morrison v. U.S. Bank, N.A.

Case Details

Full title:Dianne MORRISON and Michael Herbert, Appellants, v. US BANK, N.A., As…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 29, 2011

Citations

66 So. 3d 387 (Fla. Dist. Ct. App. 2011)

Citing Cases

Ramos v. CitiMortgage, Inc.

Where, as here, a mortgage contains a provision which specifically requires a default notice be sent to the…

Parkin v. Eagle Home Mortg.

These documents alone did not establish that the demand letter was mailed to Appellant. See Ghani v. Deutsche…