History
  • No items yet
midpage
Brooker v. Ocwen Loan Servicing, LLC
2D16-494
| Fla. Dist. Ct. App. | Aug 9, 2017
|
Check Treatment

*1 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RUBY L. BROOKER, )

) Appellant, ) ) v. ) Case No. 2D16-494

) OCWEN LOAN SERVICING, LLC, )

) Appellee. ) ) Opinion filed August 9, 2017.

Appeal from the Circuit Court for

Hillsborough County; Raul C. Palomino,

Jr., Senior Judge.

Kendrick Almaguer and Cindy

Cumberbatch of The Ticktin Law Group,

P.A., Deerfield Beach, for Appellant.

James H. Wyman of Hinshaw &

Culbertson LLP, Coral Gables, for

Appellee.

SLEET, Judge.

Ruby L. Brooker appeals the final judgment of foreclosure entered against her and in favor of Ocwen Loan Servicing, LLC. We reverse because Ocwen failed to prove that it complied with paragraph twenty-two of the mortgage and the note's contractual requirement to mail a notice of default to Brooker as a condition precedent *2 to foreclosure. The breach letter was not admitted into evidence, and without record proof that Ocwen complied with the condition precedent, we must reverse and remand for dismissal of Ocwen's foreclosure action. See Blum v. Deutsche Bank Trust Co., 159 So. 3d 920, 920-21 (Fla. 4th DCA 2015).

Reversed and remanded.

LUCAS, J., and JOSEPH G. FOSTER, ASSOCIATE JUDGE, Concur.

- 2 -

Case Details

Case Name: Brooker v. Ocwen Loan Servicing, LLC
Court Name: District Court of Appeal of Florida
Date Published: Aug 9, 2017
Docket Number: 2D16-494
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.