Legal Opinion

Smith v. Reverse Mortgage Solutions, Inc.

District Court of Appeal of Florida

Decided September 21, 2016No. 3D13-2261PublishedCited by 11 opinions

1Opinion of the Court

On Motion for Rehearing

SCALES, J.

We deny Reverse Mortgage Solutions’s motion for rehearing. We withdraw our prior opinion of July 15, 2015, and substitute the following opinion for that previously issued.

Celia Smith (“Mrs. Smith”), who was the defendant below, appeals from a Final Judgment of Foreclosure arising out of a home equity conversion mortgage signed and executed in May of 2008, by Mrs. Smith and her now deceased husband, Kenneth Smith (“Mr.Smith”). Because Reverse Mortgage Solutions, the plaintiff below and appellee here, failed to establish the occurrence of a condition precedent…

2Cases cited8 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. Robert Bennett v. Shaun DonovanCourt of Appeals for the D.C. Circuit · 2013
  3. Southern Crane Rentals, Inc. v. City of GainesvilleDistrict Court of Appeal of Florida · 1983
  4. Konsulian v. Busey Bank, N.A. ex rel. Acquisition of Tarpon Coast National BankDistrict Court of Appeal of Florida · 2011
  5. Verneret v. Foreclosure Advisors, LLCDistrict Court of Appeal of Florida · 2010

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

3Cited by11 opinions

  1. D'Alessio v. CIT Bank, N.A. (In re D'Alessio)United States Bankruptcy Court, D. Massachusetts · 2018
  2. Coconut Grove Acquisition, LLC v. S&C VentureDistrict Court of Appeal of Florida · 2018
  3. Hayes v. Reverse Mortgage SolutionsDistrict Court of Appeal of Florida · 2018
  4. Reverse Mortg. Solutions, Inc. v. NunezDistrict Court, S.D. Florida · 2019
  5. Evelyn Theresa HordattUnited States Bankruptcy Court, S.D. Florida. · 2020

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