CERRON v. GMAC MORTGAGE, LLC

No. 2D11-3425.

93 So.3d 456 (2012)

Jorge A. CERRON, Appellant, v. GMAC MORTGAGE, LLC, Appellee.

District Court of Appeal of Florida, Second District.

July 18, 2012.


Attorney(s) appearing for the Case

Jorge A. Cerron, pro se.

Marc James Ayers and Jose D. Vega of Bradley Arant Boult Cummings LLP, Birmingham, Alabama, for Appellee.


NORTHCUTT, Judge.

Jorge Cerron, pro se, appeals a final summary judgment of foreclosure on a mortgage in favor of GMAC Mortgage, LLC, the successor to the original lender. We reverse because GMAC failed to refute Cerron's affirmative defense alleging lack of notice.

GMAC filed a complaint seeking to foreclose a mortgage given by Cerron, and it alleged generally that all conditions precedent to acceleration had been performed or had occurred. The complaint...

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