Hunter v. Glendale Federal Savings & Loan Ass'n

We reverse the lower court’s denial of appellants' motion to set aside a final judgment of foreclosure and order confirming a sale and lis pendens because the record supports that the constructive service of process attempted on the appellants was defective. According to the affidavit submitted by Glendale, pursuant to section 49.041 Fla.Stat. (1987), on diligent search and inquiry, Glendale determined that all appellants resided at the same New York address. Contrary to the statements m this affidavit, the affiant testified that she had made no effort to determine whether any of the…