Legal Opinion

Bank of America v. Cadet

District Court of Appeal of Florida

Decided January 20, 2016No. 15-0669PublishedCited by 7 opinions

1Opinion of the CourtRothenberg, J.

Bank of America (“the Bank”) appeals the trial court's order involuntarily' dismissing the Bank’s foreclosure action filed against Francois Claude Cadet (“Cadet”) based on the Bank’s failure “to strictly comply with paragraph 22 of the mortgage ...Paragraph 22 of Cadet’s mortgage sets forth several conditions precedent to the filing óf a foreclosure action. Based on this Court’s opinion in Bank of New York Mellon v. Nunez, 40 Fla. L. Weekly D2486, 180 So.3d 160, (Fla. 3d DCA Nov. 4,2015), we reverse. 1

In sum, we interpreted the default notice provision in paragraph 22 of the mortgage in…

2Cases cited1 opinion

  1. Bank of New York Mellon v. Nunez and ValdesDistrict Court of Appeal of Florida · 2015

3Cited by7 opinions

  1. Bank of New York v. MiesesDistrict Court of Appeal of Florida · 2016
  2. U.S. Bank National Ass'n Ex Rel. Holders of the Home Equity Asset Trust 2002-4 Home Equity Pass-Through Certificates, Series 2002-4 v. DoepkerDistrict Court of Appeal of Florida · 2017
  3. Wells Fargo Bank, N.A. v. Hernandez & Silva Enterprises, Inc.District Court of Appeal of Florida · 2016
  4. Nationstar Mortgage, LLC v. CraigDistrict Court of Appeal of Florida · 2016
  5. Bank of New York Mellon v. BalounDistrict Court of Appeal of Florida · 2016

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