THOMAS A. WEBSTER, APPELLANT,
v.
CHASE HOME FINANCE, LLC, ET AL., APPELLEES
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The court held that the trial court abused its discretion by allowing oral testimony about a change of address over a hearsay objection, instead of requiring the business record itself.
Chase sought to foreclose on a mortgage. Chase attempted to prove notice of default was sent to one mortgagor, Patrice Kelty, at a new address provide…
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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.
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Marlyn Tracey v. Wells Fargo Bank, 264 So. 3d 1152 (Fla. 2d DCA 2019)…aintiff failed to produce any evidence, admissible or not, supporting the amount of indebtedness" (second alteration in original) (quoting Peuguero v. Bank of Am., N.A., 169 So. 3d 1198, 1204 (Fla. 4th DCA 2015) ) ); Webster v. Chase Home Fin., LLC, 155 So. 3d 1219, 1220 (Fla. 5th DCA 2015) (applying Sas and concluding that remanding for further proceedings was appropriate when the trial court had erroneously admitted inadmissible hearsay); Fitchner v. Lifesouth Cmty. Blood Ctrs., Inc., 88 So. 3d 269, 277 n.1…
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Hidden Ridge Condo. Homeowners Ass'n, Inc. v. Onewest Bank, N.A., 183 So. 3d 1266 (Fla. 5th DCA 2016)…not adequately establish a foundation for entry of business records. Finding the trial court abused its discretion in admitting the business records, we reverse the judgment and remand for an evidentiary hearing. See Webster v. Chase Home Fin., LLC, 155 So. 3d 1219, 1220 (Fla. 5th DCA 2015); Mazine, 67 So. 3d at 1131 (reversing and remanding for further proceedings where bank failed to lay proper foundation for introduction into evidence of business record).4 REVERSED and REMANDED for further proceedings cons…
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Helton v. Bank OF Am., N.A., 187 So. 3d 245 (Fla. 5th DCA 2016)…tice requirements. We next turn to Appellants’ argument that Green Tree failed to present admissible evidence demonstrating that BOA mailed the notice of default to the correct address. We addressed this issue in Webster v. Chase Home Finance, LLC, 155 So. 3d 1219, 1220 (Fla. 5th DCA 2015). 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. Id. at 1220. We reversed, exp…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- SAS v. Fed. Nat'l Mortg. Ass'n, 112 So. 3d 778 (Fla. 2d DCA 2013)
- Holt v. Calchas, LLC, 155 So. 3d 499 (Fla. 4th DCA 2015)