Legal Opinion

Bank of N.Y. Mellon v. HOA Rescue Fund, LLC

District Court of Appeal of Florida

Decided June 8, 2018No. Case No. 2D17–3291PublishedCited by 1 opinion

1Opinion of the Court

BLACK, Judge.

The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certifcateholders CWALT, Inc., Alternative Loan Trust 2006-18CB, Mortgage Pass-Through Certificates, Series 2006-18CB (the Bank), challenges the involuntary dismissal of its foreclosure action. We reverse and remand for further proceedings.

On June 23, 2009, the Bank filed its notice of lis pendens and foreclosure complaint, naming the mortgagors and the South Bay Lakes Homeowners Association as defendants. A default was entered against the mortgagors. In January 2012, while the Bank's foreclosure action was…

2Cases cited7 opinions

  1. Bonafide Properties v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  2. Krouse v. PalmerSupreme Court of Florida · 1938
  3. Coast Cities Coaches, Inc. v. Dade CountySupreme Court of Florida · 1965
  4. Donald Miller and Mary T. Miller v. The Bank of New York Mellon, etc.District Court of Appeal of Florida · 2016
  5. State Trust Realty, LLC v. Deutsche Bank National Trust Co. AmericasDistrict Court of Appeal of Florida · 2016

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3Cited by1 opinion

  1. GREEN EMERALD HOMES, L L C v. 21ST MORTGAGE CORPORATIONDistrict Court of Appeal of Florida · 2019

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