FL 3rd DCA Appeals Court: "Process Service" OPELLA vs. Bayview Loan Servicing, LLC

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FL 3rd DCA Appeals Court: “Process Service” OPELLA vs. Bayview Loan Servicing, LLC

FL 3rd DCA Appeals Court: “Process Service” OPELLA vs. Bayview Loan Servicing, LLC

No. 3D09-2921
Lower Tribunal No. 09-12657
________________
Steven Ray Opella,
Appellant,

vs.
Bayview Loan Servicing, LLC.,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Thomas S. Wilson, Jr., Judge.

Steven Ray Opella, in proper person.
Popkin & Rosaler, Brian L. Rosaler, Richard P. Cohn and Deborah Posner,
(Deerfield Beach), for appellee.

Before GERSTEN, WELLS, and LAGOA, JJ.WELLS, Judge.

Steven Ray Opella appeals from a final summary judgment of foreclosure
entered in favor of Bayview Loan Servicing, LLC., claiming that he was never
served with process. Because the record unequivocally confirms that Opella was
neither served with process nor waived service, we reverse.

We also direct the clerk to forward a copy of this opinion to the Florida Bar for
consideration of conduct in violation of the Rules Regulating the Florida Bar.

OPELLA v. BAYVIEW

[ipaper docId=44090710 access_key=key-21vih0nl37kze5ce309q height=600 width=600 /]

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3 Responses to “FL 3rd DCA Appeals Court: “Process Service” OPELLA vs. Bayview Loan Servicing, LLC”

  1. Claudio says:

    Steven Opella on December 17, 2010 filed a federal lawsuit against Bayview and Popkin and Rosaler. Anyone who has had service issues with Bayview, please leave a comment below.

  2. Behind the scenes says:

    I heard about what happened from someone who was in the courtroom during the dca hearing. What the DCA ruling did not state was that the defendant (Opella) mailed a letter to the attorney for the bank stating that he is trying to work it out and listed out several defenses. Since the defendant was avoiding service, the attorney for the bank stopped publication due to this letter. The attorney for the bank mailed the letter to the clerk and filed it as a pro se answer.
    The DCA said he did not have the authority to do this and this was not a proper answer nor did it subject the defendant to the courts jurisdiction. Seems like a crazy ruling to me.
    whatever, sometimes judges just want to make a point and it doesnt matter what the law is.

  3. stasha says:

    yes I have a problem with Bayview. I did a loan modification with them and sent them 6 timely payments that they didn’t post to my mortgage. they then placed my account in default and wouldn’t find or apply my payments even after 2 yrs of sending proof of payments. they never would take my account out of default and tried to sell the house out from underneath me. I was forced to file bankruptcy in order to stop them and now am battling it out in court to try to get the court to wipe out over $15,000 of crazy fines and fees they have socked me with since THEY created a default in my account. desperately need help and so far, no one will take my case.

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