Legal Opinion

Keeter v. Bank of New York Mellon ex rel. Holders of the Alternative Loan Trust 2006-0A11

District Court of Appeal of Florida

Decided October 21, 2016No. 1D15-1814Published

1Per curiam

In this foreclosure case, the trial court determined that Appellant, the borrower, waived any objection to the service of process when she “made an appearance” in the case by filing a motion for an extension of time to respond to the complaint. This was error. See Yelton v. Wells Fargo Bank, N.A., 146 So.3d 1207 (Fla. 1st DCA 2014) (reversing order denying borrower’s motion to quash service in a foreclosure case and holding that “a motion for enlargement of time that does not go to the merits of the case is not ‘active participation’ in the proceedings, and therefore, *860does not constitute…

2Cases cited5 opinions

  1. Barrios v. Sunshine State BankDistrict Court of Appeal of Florida · 1984
  2. Byers v. FIA Card Services, N.A.District Court of Appeal of Florida · 2012
  3. DiGiovanni v. BAC Home Loans Servicing, L.P.District Court of Appeal of Florida · 2012
  4. Gabriela Benedetto v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2015
  5. Yelton v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2014

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