Legal Opinion
Bank of America, N.A. v. Siefker
District Court of Appeal of Florida
Decided October 13, 2016No. 4D14-1923PublishedCited by 11 opinions
1Opinion of the CourtCiklin, C.J.
The appellant, Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP (“the bank”), appeals an order vacating a final judgment of foreclosure and dismissing the bank’s complaint. We agree with the bank that the trial court erred in interpreting a notice requirement in a Florida debt collection statute as constituting a condition precedent to a mortgage foreclosure. Accordingly, we reverse and remand for the trial court to reinstate the final judgment of foreclosure. All other issues raised by the bank are moot.
The bank brought…
2Cases cited26 opinions
- Heintz v. JenkinsSupreme Court of the United States · 1995
- Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
- Forsythe v. Longboat Key Beach ErosionSupreme Court of Florida · 1992
- Reese v. Ellis, Painter, Ratterree & Adams, LLPCourt of Appeals for the Eleventh Circuit · 2012
- Borden v. East-European Ins. Co.Supreme Court of Florida · 2006
21 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Peters v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
- Valle v. First National Collection Bureau, Inc.District Court, S.D. Florida · 2017
- National Collegiate Student Loan Trust 2007-1 v. LipariDistrict Court of Appeal of Florida · 2017
- Wright v. Dyck-O'Neal, Inc.District Court, M.D. Florida · 2017
- Dyck-O'Neal, Inc. v. Heather LanhamDistrict Court of Appeal of Florida · 2019
6 more not listed; retrieve them via the Exa API.