Colon v. JP Morgan Chase Bank, NA
District Court of Appeal of Florida
1Opinion of the CourtLambert, J.
Cristobal Colon (“Colon”) appeals the summary final judgment of mortgage foreclosure entered in favor of JP Morgan Chase Bank, N.A. (“Bank”). He argues that the court erred in entering the summary final judgment because no competent evidence was presented to refute his affirmative defense that Bank failed to satisfy the notice requirement of paragraph 22 of the mortgage. We agree and reverse.
In January 2013, Bank filed a verified amended complaint, seeking to foreclose a mortgage executed by Colon. Paragraph seven of the amended complaint contained a general allegation that “all of the…
2Cases cited18 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- Connell v. SledgeDistrict Court of Appeal of Florida · 1975
- Bryson v. Branch Banking and Trust Co.District Court of Appeal of Florida · 2011
- Bifulco v. State Farm Mut. Auto. Ins.District Court of Appeal of Florida · 1997
- DiSalvo v. SunTrust Mortgage, Inc.District Court of Appeal of Florida · 2013
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3Cited by9 opinions
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- T-Quip of Florida, Inc. v. TietigDistrict Court of Appeal of Florida · 2016
- Haynes v. ArmanDistrict Court of Appeal of Florida · 2016
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