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Brooker v. Ocwen Loan Servicing, LLC

District Court of Appeal of Florida, Second District.
Aug 9, 2017
224 So. 3d 816 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D16–494

08-09-2017

Ruby L. BROOKER, Appellant, v. OCWEN LOAN SERVICING, LLC, Appellee.

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.


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 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.


Summaries of

Brooker v. Ocwen Loan Servicing, LLC

District Court of Appeal of Florida, Second District.
Aug 9, 2017
224 So. 3d 816 (Fla. Dist. Ct. App. 2017)
Case details for

Brooker v. Ocwen Loan Servicing, LLC

Case Details

Full title:Ruby L. BROOKER, Appellant, v. OCWEN LOAN SERVICING, LLC, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Aug 9, 2017

Citations

224 So. 3d 816 (Fla. Dist. Ct. App. 2017)