Legal Opinion

Bank of New York Mellon v. Baloun

District Court of Appeal of Florida

Decided May 27, 2016No. 5D14-4470Published

1Per curiam

The Bank of New York Mellon appeals from the order dismissing its foreclosure action against Jeffrey S. Baloun and Sara Ross Hardy-Baloun on the grounds that the default letter did not comply with the notice requirement set forth in paragraphs 20 and 22 of the mortgage. Because Bank’s letter substantially complied with its notice obligations under the mortgage, we reverse and remand for further proceedings. See Bank of N.Y. Mellon v. Johnson, 185 So.3d 594, 597 (Fla. 5th DCA 2016); Diaz v. Wells Fargo Bank, N.A., 189 So.3d 279 (Fla. 5th DCA 2016); Green Tree Servicing, LLC v. Milam, 177 So.3d…

2Cases cited4 opinions

  1. Green Tree Servicing, LLC v. MilamDistrict Court of Appeal of Florida · 2015
  2. Bank of New York Mellon v. JohnsonDistrict Court of Appeal of Florida · 2016
  3. Diaz v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  4. Bank of America v. CadetDistrict Court of Appeal of Florida · 2016

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