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Brooker v. Ocwen Loan Servicing, LLC
Citations: 224 So. 3d 816; 2017 WL 3399829; 2017 Fla. App. LEXIS 11421Docket: Case No. 2D16-494
Court: District Court of Appeal of Florida; August 9, 2017; Florida; State Appellate Court
Ruby L. Brooker's appeal against the final judgment of foreclosure in favor of Ocwen Loan Servicing, LLC, is granted. The court reversed the judgment due to Ocwen's failure to demonstrate compliance with the mortgage's paragraph twenty-two and the contractual requirement of mailing a notice of default to Brooker, which is a necessary condition before proceeding with foreclosure. The breach letter, which would have served as evidence of compliance, was not submitted. Consequently, the court ordered the reversal and remand for the dismissal of Ocwen's foreclosure action, referencing the precedent set in Blum v. Deutsche Bank Trust Co. 159 So.3d 920, 920-21 (Fla. 4th DCA 2015). Judges LUCAS and JOSEPH G. FOSTER concurred with this decision.