Kelsey v. Suntrust Mortgage, Inc.

ON MOTION FOR REHEARING & PARTIAL CONCESSION OF ERROR

ROTHENBERG, J.

We grant the appellee’s motion for rehearing, withdraw our former opinion dated December 4, 2013, and substitute the following opinion in its stead.

This appeal comes to us from a final default judgment ordering the foreclosure of the Kelseys’ home in favor of SunTrust Mortgage, Inc. (“SunTrust”). Although the Kelseys have raised several points of error on appeal, we address only one, and based on SunTrust’s proper concession of error, we reverse and remand for further proceedings.

At trial, SunTrust’s only testifying witness…