Deutsche Bank National Trust Co. v. Basanta

Following the dismissal of its mortgage foreclosure action against Paul Valentin Basanta and his wife Melba (“Borrowers”) for lack of prosecution, Deutsche Bank National Trust Company (“Bank”) filed a verified motion for relief from the order of dismissal. The trial court denied the motion for relief and the Bank argues on appeal that the denial was reversible error because it never received the notice of lack of prosecution (“FWOP Notice”) and there was sufficient record activity to preclude dismissal. We agree and reverse.

The FWOP Notice at issue was dated January 25, 2010 and specified…