Legal Opinion
Bank of New York Mellon v. Nunez and Valdes
District Court of Appeal of Florida
Decided November 4, 2015No. 15-0083PublishedCited by 22 opinions
1Opinion of the CourtRothenberg, J.
Bank of New York Mellon (“the Bank”) appeals from an order involuntarily dismissing without prejudice its foreclosure action filed against Magaly Nunez and Francisco Valdes (“the defendants”) based on the Bank’s failure to satisfy conditions precedent to the filing of the foreclosure action as set forth in paragraph 22 of the defendants’ mortgage. Because the Bank substantially complied with the conditions precedent, we reverse the order under review and remand for further proceedings.
The Bank filed a mortgage foreclosure action against the defendants, alleging that they had defaulted under…
2Cases cited6 opinions
- Green Tree Servicing, LLC v. MilamDistrict Court of Appeal of Florida · 2015
- Konsulian v. Busey Bank, N.A. ex rel. Acquisition of Tarpon Coast National BankDistrict Court of Appeal of Florida · 2011
- Allstate Floridian Insurance Co. v. FarmerDistrict Court of Appeal of Florida · 2012
- Seaside Community Dev. Corp. v. EdwardsDistrict Court of Appeal of Florida · 1991
- Samaroo v. Wells Fargo BankDistrict Court of Appeal of Florida · 2014
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Bank of New York Mellon v. JohnsonDistrict Court of Appeal of Florida · 2016
- Brian D. Lopez v. JPMorgan Chase Bank, National Association, Copperleaf Property Owners Association, Inc., and Unknown Spouse of Brian D. LopezDistrict Court of Appeal of Florida · 2016
- Diaz v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
- Bank of America v. CadetDistrict Court of Appeal of Florida · 2016
17 more not listed; retrieve them via the Exa API.