Citimortgage, Inc. v. Hoskinson

In this mortgage foreclosure action, we review the propriety of an involuntary dismissal and final judgment entered in favor of Appellees, the mortgagors. Because the lower court based the dismissal on an incorrect evidentiary ruling, we reverse.

At a nonjury trial, Appellant presented one witness, through whom it sought to introduce into evidence various documents, including a notice of breach and acceleration letter. Sending such a letter was a condition precedent to acceleration of the note and foreclosure of the mortgage. Appellees objected to introduction of the letter on hearsay grounds,…