Fifth DCA | Key Points
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The Fifth DCA reversed a summary judgment of foreclosure finding the bank’s evidence failed to establish the bank satisfied conditions precedent. Parkin v. Eagle Home Mortgage, LLC, 5D20-160, 2021 WL 833298 (Fla. 5th DCA Mar. 5, 2021). Parkin raised failure of conditions precedent as an affirmative defense.
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In opposition to the bank’s summary judgment motion Parkin also filed an affidavit swearing he did not receive the demand letter. Although the bank filed a copy of the demand letter and a letter log, the bank failed to authenticate these documents or provide other evidence – such as an affidavit or return receipt card – evincing it mailed the demand letter. The Fifth DCA found the bank’s evidence deficient and remanded the matter for further proceedings.
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Given the plethora of case law addressing this issue, the Fifth’s ruling does not come as a surprise. This result could have easily been avoided.
