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BIVENS v. BANK OF AMERICA, N.A.

No. 16-15119.

868 F.3d 915 (2017)

Steven BIVENS, Plaintiff-Appellant, v. BANK OF AMERICA, N.A., Defendants, Select Portfolio Servicing, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 17, 2017.

Attorney(s) appearing for the Case

Wayne Charles , Wayne Charles, PC, Fayetteville, GA, for Plaintiff-Appellant.

Elizabeth Joy Campbell , Alexandra Marie Dishun , Locke Lord, LLP, Atlanta, GA, W. Scott Hastings , Locke Lord, LLP, Dallas, TX, for Defendant-Appellee.

Before MARTIN, JILL PRYOR, and ANDERSON, Circuit Judges.

Out of the blue, Steven Bivens received a letter from Select Portfolio Servicing, Inc. ("SPS"), a company with which he had had no prior dealings that purported to be his home loan servicer. Skeptical, Bivens wrote SPS a letter demanding proof of its authority to service his loan. He neglected, though, to mail his letter...

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