Wanda M. Kitchens and William H. Kitchens v. Nationstar Mortgage, LLC
District Court of Appeal of Florida
1Opinion of the Court
WARNER, J.-
Homeowners Wanda and William Kitchens appeal the trial court’s denial of their motion to vacate a final judgment reestablishing lost note and foreclosing on their mortgage. Appellee Nationstar Mortgage, LLC, added the lost note count after it obtained á default against homeowners, but it did not serve them with the amended complaint. Because homeowners were not served with the new and additional claim, the judgment on the lost note count is void. Without the lost note ‘count, the final judgment of foreclosure must also be reversed.
- Nationstar filed a complaint against homeowners…
2Cases cited5 opinions
- Sanford v. RubinSupreme Court of Florida · 1970
- Valdosta Milling Co. v. GarretsonSupreme Court of Florida · 1951
- Kitchens v. KitchensDistrict Court of Appeal of Florida · 1964
- Guerrero v. Chase Home Finance, LLC.District Court of Appeal of Florida · 2012
- Miceli v. MiceliDistrict Court of Appeal of Florida · 1986
3Cited by2 opinions
- Demir v. SchollmeierDistrict Court of Appeal of Florida · 2018
- JOHN KORMAN v. DAVID JAMES STERNDistrict Court of Appeal of Florida · 2020