Legal Opinion

U.S. Bank Trust, N.A. v. Wellman

District Court of Appeal of Florida

Decided April 12, 2017No. 3D15-1368Published

1Opinion of the CourtEmas, J.

U.S. Bank Trust, N.A. appeals from a final judgment involuntarily dismissing its foreclosure complaint, upon the trial court’s determination that the lender failed to comply with conditions precedent prior to filing its foreclosure lawsuit. Specifically, the trial court determined that the lender’s 1 notice of default and intent to accelerate failed to comply with paragraph 22 of the mortgage agreement. Upon our de novo review, Nationstar Mortgage, LLC v. Craig, 193 So.3d 74 (Fla. 3d DCA 2016), we find that the notice substantially complied with paragraph 22 of the mortgage.

The relevant facts…

2Cases cited4 opinions

  1. Bank of New York Mellon v. Nunez and ValdesDistrict Court of Appeal of Florida · 2015
  2. Bank of America v. CadetDistrict Court of Appeal of Florida · 2016
  3. Bank of New York v. MiesesDistrict Court of Appeal of Florida · 2016
  4. Nationstar Mortgage, LLC v. CraigDistrict Court of Appeal of Florida · 2016

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