FLA 5th DCA: JOANN HABERL v 21ST MORTGAGE CORPORATION – P22 Notice of Default Failed to Inform Haberl of Right to Reinstate

Court

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED

Case No. 5D12-4839

JOANN HABERL,
Appellant,
v.
21ST MORTGAGE CORPORATION, ET AL.,
Appellee.
________________________________/
Opinion filed May 23, 2014

Appeal from the Circuit Court
for Hernando County,
Lisa D. Herndon, Judge.

Carl J. Hognefelt and Barry M. Elkin, of
Elkin & Hognefelt, Tampa, for Appellant.

Thomas A. Valdez, of Quintairos, Prieto,
Wood & Boyer, P.A., Tampa, and Sonya
Daws, of Quintairos, Prieto, Wood & Boyer,
P.A., Tallahassee, for Appellee.

PER CURIAM.

Joann Haberl appeals a summary final judgment of foreclosure entered in favor of 21st Mortgage Corporation. Because the notice of default attached to the affidavit in support of 21st Mortgage’s motion for summary judgment does not comply with the pre-acceleration notice requirements set forth in paragraph 22 of the mortgage,1 we reverse the summary final judgment of foreclosure and remand for further proceedings. See Samaroo v. Wells Fargo Bank, 39 Fla. L. Weekly D670 (Fla. 5th DCA Mar. 28, 2014) (summary final judgment of foreclosure reversed where default letter that mortgagee sent to mortgagors failed to satisfy the pre-acceleration notice requirement of the mortgage as a condition precedent to foreclosure).

REVERSED and REMANDED.

TORPY, C.J., EVANDER and BERGER, JJ., concur.

 

1. The notice of default failed to inform Haberl of the right to reinstate after
acceleration and the right to assert in the foreclosure proceeding the non-existence of a
default or other defense of borrower to acceleration and foreclosure.

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4closureFraud

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JOANN HABERL v 21ST MORTGAGE CORPORATION

Comments
One Response to “FLA 5th DCA: JOANN HABERL v 21ST MORTGAGE CORPORATION – P22 Notice of Default Failed to Inform Haberl of Right to Reinstate”
  1. Ray Shelton says:

    Ray Shelton, on June 12, 2014 at 5:13 pm said:
    Dear Elizabeth Warren, Senators and Congressmen, President Obama.
    American homeowners need protection from US Bank, SN servicing and their third parties. Did their attorneys Andrew Braaksma supervised by Paul Mckenna out of Coral Gables Florida knowingly submit forged documents to the Federal and State courts? Have they committed the crime of Uttering Forgery ? Are they just another law firm like the dis barred David Sterns, the “foreclosure King? It is clear that small Fines, the OCC, nor law enforcement have yet to stop the forgeries and falsified document being submitted to our courts by US Bank and their attorneys. A few judges will not go against the banks bad behavior but many Judges know the truth now and things are changing. We believe that serious interstate crimes have be violated and law enforcement needs to intervene, arrest and prosecute the attorneys and the bank officials who may be committing the crimes. Then you will see an end to the rape and fraud on our American Courts and families.
    However…We can end this mess very quickly…We need state and national laws that simply says that no family / home owner can ever have their home taken and no Family can be evicted from their home until the home owner gets the final price that the bank legitimately auctioned the home for. Home owner should always have the last right of refusal no matter when an auction or sale takes place.
    Set up rules to guarantee emergency low cost funding for the buy back by the home owner at rates that are mandated to help the home owner not put them in a harness of heavy interest. That only creates a guaranteed payment failure that is nothing more then hard labor payment servitude doomed for failure. Bankers have made slaves of the American Poor and Middle Class and that must change. Why should overseas countries, foreign companies and corporations buy our homes. They are taking in some cases a fortune in hard work, equity and deposits. Stop putting families on the street. Leaders of America and law Enforcement, Please defend and fight for justice for the American Families

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