Montenegro-Toirac v. Reo Asset Acquisitions, LLC

CONFESSION OF ERROR

ROTHENBERG, J.

Based on REO Asset Acquisitions, LLC’s (“REO”) proper and commendable confession of error, we reverse the final summary judgment entered against the defendant, Marlene Montenegro-Toirac (“the defendant”). As REO properly concedes, it failed to establish that no genuine issue of material fact remained concerning its compliance with the condition precedent relating to the notice of default where the notice of default was not attached to its affidavit in response to the defendant’s affirmative defenses. See Toyos v. Helm Bank, USA, 187 So.3d 1287, 1290 (Fla. 4th…