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