Ramos v. Citimortgage, Inc.

The Ramoses, Defendants below, appeal a final summary judgment of foreclosure in favor of CitiMortgage, Plaintiff below. We reverse because the summary judgment evidence did not rebut the Ramoses’ affirmative defenses, which alleged they had not received a default notice and that the default notice allegedly sent by CitiMort-gage was not properly delivered as required by the express provisions of its mortgage.

I. Facts

Defendant, Carmen Ramos, executed a promissory note in favor of CitiMortgage in August 2005. The note was secured by a mortgage encumbering property in Miami, Florida.

When Mrs.…