Legal Opinion

Wells Fargo Bank, N.A. v. Hernandez & Silva Enterprises, Inc.

District Court of Appeal of Florida

Decided May 4, 2016No. 3D15-702PublishedCited by 2 opinions

1Opinion of the CourtScales, J.

In this foreclosure case, the trial court entered judgment for Appellee Hernandez & Silva Enterprises, Inc., based upon Hernandez & Silva’s defense asserting that the default notice. of Appellant Wells. Fargo Bank, N.A. was insufficient as a matter of law.

We reverse the trial court’s judgment because the record reveals that the trial court applied the incorrect legal standard in evaluating whether- Wells Fargo’s, default notice complied with Paragraph 22 of the mortgage, the default notice provision., We have'held'that a mortgagee’s default notice is sufficient if it substantially com*68plies…

2Cases cited3 opinions

  1. Bank of New York Mellon v. Nunez and ValdesDistrict Court of Appeal of Florida · 2015
  2. Bank of America v. CadetDistrict Court of Appeal of Florida · 2016
  3. Bank of New York v. MiesesDistrict Court of Appeal of Florida · 2016

3Cited by2 opinions

  1. Nationstar Mortgage v. SilvaDistrict Court of Appeal of Florida · 2018
  2. Nationstar Mortgage, LLC v. CraigDistrict Court of Appeal of Florida · 2016

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