Pennymac Loan v. Francis

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PENNYMAC LOAN SERVICES, LLC, Appellant, v. Case No. 5D16-3155 SANDRA FRANCIS, Appellee. ________________________________/ Opinion filed December 22, 2017 Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge. Nancy M. Wallace, of Akerman LLP, Tallahassee, William P. Heller, of Akerman LLP, Fort Lauderdale, Eric M. Levine and Adam G. Schwartz, Akerman LLP, West Palm Beach, for Appellant. Mark P. Stopa, of Stopa Law Firm, Tampa, and Richard Shuster, of Shuster & Saben, LLC, Satellite Beach, for Appellee. PER CURIAM. We affirm the trial court’s involuntary dismissal of this mortgage foreclosure complaint. See DeLong v. Lakeview Loan Servicing, LLC, 222 So. 3d 662, 663 (Fla. 5th DCA 2017) (holding that Department of Veterans Affairs regulations included in a promissory note and mortgage are conditions precedent to foreclosure) (citing Palma v. JPMorgan Chase Bank, 208 So. 3d 771, 775 (Fla. 5th DCA 2016)). AFFIRMED. SAWAYA, ORFINGER and WALLIS, JJ., concur. 2

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