Bank of New York Mellon v. Withum

Appellant Bank of New York Mellon (“Bank”) appeals the trial court’s final order in favor of appellees David and Jessica Withum (“Borrowers”). After a non-jury trial, the trial court entered judgment for Borrowers because Bank failed to satisfy the condition precedent of complying with Paragraph 22 of the mortgage. For the reasons stated herein, we reverse.

After Borrowers’ defaulted on, their mortgage, Bank sent them a breach letter of acceleration pursuant to Paragraph 22 that included the date by which Borrowers had to cure the outstanding amount before Bank could accelerate the note.…