Nowlin v. Nationstar Mortgage

In July 2009, BAC Home Loans Servicing (BAC) (plaintiff), sent Walter and Valerie Nowlin (defendants) a written offer to modify BAC’s mortgage on the Nowlins’ house. The letter stated that the Nowlins could accept the offer by signing the enclosed modification documents and returning the documents to BAC in an enclosed, self-addressed Federal Express envelope. The letter also stated that if the Nowlins accepted the offer, they should begin making payments on the modified mortgage in October 2009. As instructed, the Nowlins returned the signed documents and began making payments on the modified mortgage. In December 2009, BAC informed the Nowlins that because they had stopped making payments on their original mortgage and because BAC had no record of receiving the Nowlins’ modified-mortgage payments for November or December 2009, BAC had canceled the mortgage modification and was accelerating the Nowlins’ loan. BAC then sued the Nowlins to foreclose on their house. Later, BAC transferred its right to enforce the loan to Nationstar Mortgage LLC (plaintiff). The Nowlins had a Federal Express receipt showing that BAC had received the Nowlins’ signed modification documents. The Nowlins also had bank records showing that BAC had cashed the Nowlins’ checks for November and December 2009. Nevertheless, the trial court ordered foreclosure. The Nowlins appealed to their local Florida district appellate court.