Legal Opinion
Bayview Loan Servicing, LLC v. Heefner
District Court of Appeal of Florida
Decided July 29, 2016No. 5D14-3296Published
1Opinion of the CourtBerger, J.
Bayview Loan Servicing, LLC (“Bank”) appeals the trial court’s order involuntarily dismissing its foreclosure complaint against Jessica Lynn Clayton Heefner and Zachary James Heefner (“Borrowers”) for failure to prove compliance with conditions precedent to foreclosure. Based on Borrowers’ concession of error regarding the exclusion of the acceleration letter and payment history on hearsay grounds, and because the acceleration letter substantially complied with paragraph 22 of the mortgage, we reverse.
As Borrowers properly concede, the acceleration letter and payment history should have been…
2Cases cited9 opinions
- Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
- Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Green Tree Servicing, LLC v. MilamDistrict Court of Appeal of Florida · 2015
- Gorel v. Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Nationstar Mortgage, LLC v. BerdeciaDistrict Court of Appeal of Florida · 2015
4 more not listed; retrieve them via the Exa API.