NEW DEMAND LETTER CASE

On October 31, 2018, the Fourth District Court of Appeal in Torres v. Deutsche Bank National Trust Company, Case No. 4D17-2727 (Fla. 4th DCA October 31, 2018) held that “evidence that a document was drafted is insufficient, standing alone to establish that it was in fact mailed. Rather, the mailing must be prove by producing additional evidence such as proof of regular business practices,  an affidavit swearing that the letter was mailed or a return receipt.”  citing Citibank, N.A. for WAMU Series 2007-HE2 TR. v. Manning, 221 So. 3d 191, 192 (Fla. 5th DCA 2017) (quoting Allen v. Wilmington Tr., N.A., 216 So. 3d 685, 688 (Fla. 2d DCA 2017).  The Fourth District Court of Appeal went onto elaborate that if the evidence comes by way of witness testimony, the witness must have personal knowledge of the company’s general practice in mailing letters.  Mere reliance on the boarding process to prove that the notice letter was mailed is insufficient.