Ha | Lee Ha v. BAC Home Loans Servicing, L.P., | In this foreclosure appeal, the appellants contend that the appellee failed to establish it complied with a condition precedent and that it had standing at inception of the suit. As to the latter issue, we find merit and reverse on that ground

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Ha | Lee Ha v. BAC Home Loans Servicing, L.P., | In this foreclosure appeal, the appellants contend that the appellee failed to establish it complied with a condition precedent and that it had standing at inception of the suit. As to the latter issue, we find merit and reverse on that ground

Ha | Lee Ha v. BAC Home Loans Servicing, L.P., | In this foreclosure appeal, the appellants contend that the appellee failed to establish it complied with a condition precedent and that it had standing at inception of the suit. As to the latter issue, we find merit and reverse on that ground

Alan Ha a/k/a Alan T. Ha and Tram Lee Ha a/k/a Tram N. Le v. BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P., 4D13-4198 (Fla. Dist. Ct. App. 2016)

District Court of Appeal of Florida

Filed: January 20th, 2016

Status: Precedential

Docket Number: 4D13-4198

Fingerprint: 6b784b105b2232bed7213a56fb8eea6377660b55

 

 In this foreclosure appeal, the appellants contend that the appellee
failed to establish it complied with a condition precedent and that it had
standing at inception of the suit. As to the latter issue, we find merit and
reverse on that ground.

   Mr. Ha executed a promissory note made payable to Countrywide
Home Loans, Inc. He and his wife executed a mortgage agreement
securing the loan.     Subsequently, the appellee, BAC Home Loans
Servicing, L.P. f/k/a Countrywide Home Loans Servicing (“BAC”),
brought a foreclosure action against Mr. and Mrs. Ha. BAC alleged it
was the servicer for the owner and acting upon the owner’s authority.
The copy of the note attached to the complaint was made payable to
Countrywide Home Loans, Inc. and does not contain an endorsement.

 

Alan Ha a/k/a Alan T. Ha and Tram Lee Ha a/k/a Tram N. Le v. BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. (Fla. Dist. Ct. App. 2016)

View original: From the court   |   Our backup

… Miami, for appellee. CIKLIN, C.J. In this foreclosure appeal, the appellants contend that the appellee… Countrywide Home Loans Servicing (“BAC”), brought a foreclosure action against Mr. and Mrs. Ha. BAC alleged it…

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