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Webster v. Chase Home Finance, LLC

District Court of Appeal of Florida, Fifth District.
Jan 16, 2015
155 So. 3d 1219 (Fla. Dist. Ct. App. 2015)
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Summary

reversing and remanding for further proceedings "on the issue of proof" related to the required default notice where the trial court improperly admitted hearsay evidence

Summary of this case from Mace v. M&T Bank
See 8 Summaries

Opinion

No. 5D14–511.

01-16-2015

Thomas A. WEBSTER, Appellant, v. CHASE HOME FINANCE, LLC, et al., Appellees.

 George M. Gingo and James Orth, of Gingo & Orth, P.A., Titusville, for Appellant. Elizabeth T. Frau, of Ronald R. Wolfe & Associates, P.L., Tampa, for Appellee, Chase Home Finance, LLC.

PER CURIAM.

George M. Gingo and James Orth, of Gingo & Orth, P.A., Titusville, for Appellant.

Elizabeth T. Frau, of Ronald R. Wolfe & Associates, P.L., Tampa, for Appellee, Chase Home Finance, LLC.

Opinion

PER CURIAM.

Thomas Webster appeals the final judgment of foreclosure rendered in favor of Chase Home Finance, LLC. He contends that he was not given proper notice of the default in payments.

We believe the issue is an evidentiary matter. Under the specific provisions of the mortgage, notice to one mortgagor constitutes sufficient notice to the other mortgagor, and Webster does not contend otherwise. Chase attempted to prove that notice was provided to the other mortgagor, Patrice Kelty, at the address Kelty had designated in a written change-of-address document she had provided to Chase. This written change of address was permitted under the provisions of the mortgage. However, the problem is that Chase was allowed, over Webster's hearsay objection, to present oral testimony from a witness regarding this change of address and its notice to Kelty at that new address. The trial court should have required Chase to present its business record of the written change-of-address document that it claims Kelty executed to change the address where notice was to be provided. The trial court abused its discretion in allowing this oral testimony over Webster's objection.

Accordingly, we reverse the judgment under review and remand for further proceedings on the issue of proof of the written change-of-address document allegedly signed by Kelty. See Sas v. Fed. Nat'l Mortg. Ass'n, 112 So.3d 778 (Fla. 2d DCA 2013) ; see also Holt v. Calchas, LLC, 39 Fla. L. Weekly D2305, 2014 WL 5614374 (Fla. 4th DCA Nov. 5, 2014) (citing to Sas and holding that the “proper” approach to handling the failure of the lender to provide information sufficient to show the debt due was to remand for further proceedings based on the error of allowing a witness to testify over a hearsay objection).

REVERSED and REMANDED for further proceedings.

SAWAYA, PALMER, and ORFINGER, JJ., concur.

Summaries of

Webster v. Chase Home Finance, LLC

District Court of Appeal of Florida, Fifth District.
Jan 16, 2015
155 So. 3d 1219 (Fla. Dist. Ct. App. 2015)

reversing and remanding for further proceedings "on the issue of proof" related to the required default notice where the trial court improperly admitted hearsay evidence

Summary of this case from Mace v. M&T Bank

In Chase v. Webster, 46 N.E. Rep. 705, it was held that the death of either party before a decree nisi has been made absolute, and beforethe time it could be made absolute, puts an end to the suit.

Summary of this case from Hoyt v. Hoyt

In Chase v. Webster, 168 Mass. 228, 230, the Massachusetts court summarizes the results of the previous opinions: Barker, J. "The power to make allowances,"... "and the direction given by the statute is that the petition shall be dealt with, 'having regard to all the circumstances of the case,' with a necessary implication that the allowances shall be given only to relieve what, under the circumstances, are fairly to be deemed necessities."

Summary of this case from R.I. Hospital Trust Co. v. Hopkins

In Chase v. Webster, 168 Mass. 228, it appeared that the deceased husband had obtained a decree of divorce nisi against his wife which had not become absolute before his death; that they had lived apart for two years before his death; that she was a dissolute woman of the town, and that the estate amounted to but $900.

Summary of this case from R.I. Hospital Trust Co. v. Hopkins

applying Sas and concluding that remanding for further proceedings was appropriate when the trial court had erroneously admitted inadmissible hearsay

Summary of this case from Tracey v. Wells Fargo Bank

remanding for further proceedings when the only evidence of notice was inadmissible hearsay

Summary of this case from Tracey v. Wells Fargo Bank

In Webster, the bank's witness testified over objection that the bank did not send the notice of default to the property address because the borrowers sent a written change-of-address request.

Summary of this case from Helton v. Bank of Am., N.A.

In Chase v. Webster, 168 Mass. 228, 46 N. E. 705, it was held by the Supreme Judicial Court of Massachusetts that a decree of divorce nisi does not dissolve the marriage, and that the death of either party before it has been made absolute, and before the time when it can be made absolute, puts an end to the suit.

Summary of this case from Dunham v. Dunham
Case details for

Webster v. Chase Home Finance, LLC

Case Details

Full title:Thomas A. WEBSTER, Appellant, v. CHASE HOME FINANCE, LLC, et al.…

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

Date published: Jan 16, 2015

Citations

155 So. 3d 1219 (Fla. Dist. Ct. App. 2015)

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