Legal Opinion
DiSalvo v. SunTrust Mortgage, Inc.
District Court of Appeal of Florida
Decided June 19, 2013No. 2D11-2707PublishedCited by 17 opinions
1Opinion of the Court
WALLACE, Judge.
Joe DiSalvo, III, and Elizabeth Ann Di-Salvo challenge the entry of a summary judgment resulting in a final judgment of foreclosure. Because the mortgagee, Sun-Trust Mortgage, Inc., failed to present competent evidence that it provided the DiSalvos with the requisite notice and an opportunity to cure the default before the acceleration of the mortgage debt, we reverse.
In July 2009, SunTrust filed a complaint seeking to foreclose a mortgage made by the DiSalvos. Paragraph 9 of the complaint contained a general allegation that all of the conditions precedent to the acceleration…
2Cases cited6 opinions
- Frost v. Regions BankDistrict Court of Appeal of Florida · 2009
- FA Chastain Construction, Inc. v. PrattDistrict Court of Appeal of Florida · 1962
- Bifulco v. State Farm Mut. Auto. Ins.District Court of Appeal of Florida · 1997
- Morrison v. US Bank, N.A.District Court of Appeal of Florida · 2011
- Finnegan v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Green Tree Servicing, LLC v. MilamDistrict Court of Appeal of Florida · 2015
- Gorel v. Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Bank of New York Mellon v. JohnsonDistrict Court of Appeal of Florida · 2016
- Figueroa v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2015
- Martins v. PNC Bank, National Ass'nDistrict Court of Appeal of Florida · 2015
12 more not listed; retrieve them via the Exa API.