Citimortgage, Inc. v. Cotton

Homeowner established evidence, by his counteraffidavit raising factual conflicts with bank's affidavits, sufficient to warrant evidentiary hearing as to whether bank failed to conduct due inquiry to ascertain his whereabouts. Bank failed to attempt to serve homeowner at his place of employment, and failed to contact his attorney, although Bank knew his employment address and his attorney's contact information. Thus, hearing was required as to whether service of foreclosure complaint by publication should be allowed. (CONNORS and HARRIS, concurring.)