Legal Opinion

Palma v. JPMorgan Chase Bank, Nat'l Ass'n

District Court of Appeal of Florida

Decided December 2, 2016No. Case 5D15-3358PublishedCited by 10 opinions

1Opinion of the CourtWallis, J.

Jennifer L. Palma (“Appellant”) appeals the final judgment of foreclosure in favor of JPMorgan Chase Bank, National Association (“Bank”). Appellant argues the trial court erred by denying her motion for involuntary dismissal due to Bank’s failure to comply with a condition precedent to foreclosure. We reverse and remand for entry of an involuntary dismissal.

In 1995, Appellant executed an adjustable-rate note secured by a Federal Housing Administration (“FHA”) mortgage for $61,900. The note specifically incorporated federal HUD regulations:

If Borrower defaults by failing to pay in full any…

2Cases cited9 opinions

  1. Custer Medical Center v. United Automobile Insurance Co.Supreme Court of Florida · 2010
  2. U.S. Concrete Pipe Co. v. BouldSupreme Court of Florida · 1983
  3. Tiedtke v. Fidelity & Casualty Company of New YorkSupreme Court of Florida · 1969
  4. Fidelity & Casualty Company of New York v. TiedtkeDistrict Court of Appeal of Florida · 1968
  5. Colon v. JP Morgan Chase Bank, NADistrict Court of Appeal of Florida · 2015

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3Cited by10 opinions

  1. RICHARD DEROUIN & KIM DEROUIN v. UNIVERSAL AMERICAN MORTGAGE COMPANY, LLCDistrict Court of Appeal of Florida · 2018
  2. Wells Fargo Bank, N.A. v. LorsonConnecticut Appellate Court · 2018
  3. McIntosh v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
  4. Chrzuszcz v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2018
  5. DeLong v. Lakeview Loan Servicing, LLCDistrict Court of Appeal of Florida · 2017

5 more not listed; retrieve them via the Exa API.

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