Legal Opinion
Brian D. Lopez v. JPMorgan Chase Bank, National Association, Copperleaf Property Owners Association, Inc., and Unknown Spouse of Brian D. Lopez
District Court of Appeal of Florida
Decided March 9, 2016No. 4D14-4504PublishedCited by 8 opinions
1Opinion of the CourtLevine, J.
In this case, we consider whether a notice of default that “substantially complies” with paragraph 22 of a mortgage provides sufficient notice. We find that “substantial compliance” with paragraph 22 satisfies the mortgage’s condition precedent in this case.
Paragraph 22 of the mortgage provides in relevant part:
The notice shall further inform Borrower of the right to ... assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.
The notice of default sent to appellant stated that appellant had “the right to bring a…
2Cases cited7 opinions
- Green Tree Servicing, LLC v. MilamDistrict Court of Appeal of Florida · 2015
- Ocean Ridge Develop. Corp. v. Quality Plastering, Inc.District Court of Appeal of Florida · 1971
- Bank of New York Mellon v. Nunez and ValdesDistrict Court of Appeal of Florida · 2015
- Seaside Community Dev. Corp. v. EdwardsDistrict Court of Appeal of Florida · 1991
- Bank of New York Mellon v. JohnsonDistrict Court of Appeal of Florida · 2016
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- CITIGROUP MORTGAGE LOAN TRUST, ETC v. SHARON SCIALABBADistrict Court of Appeal of Florida · 2018
- Green Tree Servicing LLC v. SankerDistrict Court of Appeal of Florida · 2016
- Federal National Mortgage Association v. MortonDistrict Court of Appeal of Florida · 2016
- Bank of New York Mellon v. WithumDistrict Court of Appeal of Florida · 2016
- Bayview Loan Servicing, LLC v. HeefnerDistrict Court of Appeal of Florida · 2016
3 more not listed; retrieve them via the Exa API.