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BAC HOME LOAN SERVICING, L.P. v. STENTZ

No. 2D11-4643.

91 So.3d 235 (2012)

BAC HOME LOAN SERVICING, L.P. f/k/a Countrywide Home Loans Servicing, L.P., Appellant, v. Bill R. STENTZ a/k/a William R. Stentz, Jacklyn L. Stentz, Bank of America, N.A., and Tierra Del Sol Homeowners Association, Inc., Appellees.

District Court of Appeal of Florida, Second District.

June 22, 2012.

Attorney(s) appearing for the Case

Nancy M. Wallace , Katherine E. Giddings and Kristen M. Fiore of Akerman Senterfitt, Tallahassee; William P. Heller of Akerman Senterfitt, Fort Lauderdale; and Hallie S. Evans and Germaine M. Seider of Akerman Senterfitt, Tampa, for Appellant.

Thomas E. Ice of Ice Legal, P.A., Royal Palm Beach; and Gregory D. Clark of Gregory D. Clark, P.A., Clearwater, for Appellees William R. Stentz and Jacklyn L. Stentz.

No appearance for remaining Appellees.

CRENSHAW, Judge.

BAC Homes Loan Servicing, L.P. (BAC), appeals a trial court order dismissing with prejudice its residential foreclosure complaint against homeowners Bill R. Stentz and Jacklyn L. Stentz. The trial court determined that BAC did not properly verify its complaint in accordance with section 92.525, Florida Statutes (2010). We conclude that the trial court erred by requiring BAC to provide verification that was not required under the plain language of...

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