Gorel v. Bank of New York Mellon

Adiel Gorel and FLCA Tropical Holdings, LLC appeal the Final Summary Judgment of Mortgage Foreclosure in favor of The Bank of New York Mellon (Bank). Gorel and FLCA contend that Bank failed to establish that it was entitled to summary judgment because it failed to properly refute their affirmative defense alleging Bank’s failure to provide them with pre-acceleration notice as required by the terms of the mortgage. We agree, reverse the summary judgment under, review, and remand this case for further proceedings. See Pavolini v. Williams, 915 So.2d 251, 253 (Fla. 5th DCA 2005) (“ ‘[T]he…