The Bank of New York Mellon v. Bloedel

CASANUEVA, Judge.

The Bank of New York Mellon appeals a final judgment denying foreclosure. Following the presentation of the Bank’s case, borrower Theodore E. Bloedel, Jr. moved for involuntary dismissal of the action. 1 The trial court determined that, as a result of the Bank’s failure to comply with the provisions of paragraph twenty-two of the mortgage, dismissal was warranted. 2 At the time of the trial court’s ruling, this court’s opinion in Green Tree Servicing, LLC v. Milam, 177 So.3d 7 (Fla. 2d DCA 2015), had not issued.

In Green Tree, this court held that the lender’s adherence to the…