Nationstar Mortgage concedes error after foreclosure trial runs without notice
He raised the problem twice with the Charlotte County Circuit Court, including in a motion for rehearing. The trial court denied that motion on the merits in what the appeals court described as “an unelaborated order.”
On appeal, Nationstar did not contest the point. The servicer conceded that the judgment “was entered without adequate notice” to the borrower and that “remand for a new foreclosure trial is required.”
The three-judge panel – accepted the concession. Citing established Florida precedent, the court stated that “a judgment procured without notice or opportunity to be heard is void.” The panel also invoked the principle that notice to legally interested parties “is the essence of the procedural due process protections provided by the Florida Constitution.”
Because the notice failure resolved the appeal on its own, the court did not reach the borrower’s other arguments. Those included a challenge to the trial court’s failure to rule on his motion to dismiss, arguments on the substance of his defenses, and arguments about the denial of rehearing.
From there, the story gets messier.
