Legal Opinion
Gorel v. Bank of New York Mellon
District Court of Appeal of Florida
Decided May 8, 2015No. 5D13-3272PublishedCited by 34 opinions
1Opinion of the CourtOrfinger, J.
Following a non-jury trial, Adiel Gorel and FLCA Tropical Holdings, LLC, appeal the trial court’s final judgment of foreclosure in favor of The Bank of New York Mellon, as successor trustee under Novas-tar Mortgage Funding Trust, Series 2005-2 (“Bank”). On appeal, Mr. Gorel and FLCA contend that Bank lacked standing to bring the foreclosure action and failed to comply with the conditions precedent to foreclosure. We agree that Bank failed to prove standing and reverse.
Mr. Gorel executed a promissory note, promising to pay $176,168 plus interest to Novastar Mortgage, Inc. At the same time, he…
2Cases cited15 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Sosa v. SAFEWAY PREMIUM FINANCE CO.Supreme Court of Florida · 2011
- Riggs v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2010
- Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
- Konsulian v. Busey Bank, N.A. ex rel. Acquisition of Tarpon Coast National BankDistrict Court of Appeal of Florida · 2011
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Green Tree Servicing, LLC v. MilamDistrict Court of Appeal of Florida · 2015
- Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Craig D. Lamb v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015
- Bank of New York Mellon v. JohnsonDistrict Court of Appeal of Florida · 2016
29 more not listed; retrieve them via the Exa API.