ELLIOTT v. AURORA LOAN SERVICES, LLC

No. 4D08-4362.

31 So.3d 304 (2010)

Pierre ELLIOTT and Lisa Elliott, Appellants, v. AURORA LOAN SERVICES, LLC, Mortgage Electronic Registration Systems, Inc., as nominee and Stonebrook Estates Community Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

April 7, 2010.


Attorney(s) appearing for the Case

Nathaniel E. Green of Nathaniel E. Green, P.A., Fort Lauderdale, for appellants.

Patricia A. Arango of the Law Offices of Marshall C. Watson, P.A., Fort Lauderdale, for Appellee-Aurora Loan Services, LLC.


TAYLOR, J.

Pierre and Lisa Elliott appeal a final judgment of foreclosure entered for Aurora Loan Services, LLC (Aurora). Because the trial court erred in denying the Elliotts' verified motion to vacate default and, consequently, erred in entering the final judgment of foreclosure, we reverse.

On March 7, 2008, Aurora filed a complaint against the Elliotts to foreclose on their mortgage. The Elliotts received the summons and complaint on March 11, 2008. According...

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