Fifth DCA | Key Points
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.
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.
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.