Bank of America, National Ass'n v. Asbury

LUCAS, Judge.

In this residential mortgage foreclosure action, Bank of America appeals the trial court’s entry of a final judgment in favor of the defendant homeowner, Brooke As-bury. The trial court determined that Bank of America failed to prove that it had complied with the condition precedent of mailing a default notice to Asbury prior to initiating its foreclosure lawsuit. The court further found that the default letter proffered by Bank of America at the non-jury trial was admissible to show that it had been prepared but would not be admitted to establish that it had been mailed. Because…