Legal Opinion

BAC Home Loan Servicing, L.P. v. Stentz

District Court of Appeal of Florida

Decided June 22, 2012No. 2D11-4643PublishedCited by 2 opinions

1Opinion of the Court

CRENSHAW, Judge.

BAC Homes Loan Servicing, L.P. (BAC), appeals a trial court order dismissing with prejudice its residential foreclosure complaint against homeowners Bill R. Stentz and Jaeklyn L. Stentz. The trial court determined that BAC did not properly verify its complaint in accordance with section 92.525, Florida Statutes (2010). We conclude that the trial court erred by requiring BAC to provide verification that was not required under the plain language of the recently amended Florida Rule of Civil Procedure 1.110(b),1 and therefore we reverse.

The trial court dismissed BAC’s original…

2Cases cited3 opinions

  1. In Re Amendments to the Florida Rules of Civil ProcedureSupreme Court of Florida · 2010
  2. Trucap Grantor Trust 2010-1 v. PeltDistrict Court of Appeal of Florida · 2012
  3. Becker v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012

3Cited by2 opinions

  1. Luz Mariana Donado and Oscar Donado v. Pennymac CorpDistrict Court of Appeal of Florida · 2015
  2. U.S. Bank, N.A. v. Wanio-MooreDistrict Court of Appeal of Florida · 2013

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