NIX
v.
FEDERAL NATIONAL MORTGAGE ASSOC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A foreclosure judgment must be reversed when the plaintiff fails to present sufficient evidence of mailing the default letter required by Paragraph 22 of the mortgage.
[1] Proof of mailing of a default letter as required by Paragraph 22 of a mortgage is a necessary predicate to establishing the right to foreclose, and failure to present suf…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJennifer Nix was the subject of a foreclosure action by Federal National Mortgage Association. The trial resulted in a final foreclosure judgment agai…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Foreclosure cases and more on FLexlaw
PER CURIAM.
Jennifer Nix appeals from the final judgment of foreclosure entered after trial, arguing that the evidence presented was insufficient to prove the mailing of the default letter as required under Paragraph 22 of the mortgage. Federal National Mortgage Association concedes error. Accordingly, we reverse and remand for entry of an order of involuntary dismissal. E.g., Madl v. Wells Fargo Bank, N.A., 244 So. 3d 1134, 1137 (Fla. 5th DCA 2017).
REVERSED and REMANDED.
COHEN, C.J., ORFINGER and LAMBERT, JJ., concur.