Legal Opinion
Dominko v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
Decided December 5, 2012No. 4D11-1854PublishedCited by 8 opinions
1Opinion of the CourtTaylor, J.
Eugene Dominko, the defendant in this mortgage foreclosure action, appeals a final summary judgment of foreclosure. Because Wells Fargo failed to establish that no answer which the defendant might file could present a genuine issue of material fact regarding whether Wells Fargo complied with the condition precedent of providing pre-suit notice of default, we reverse. See Zervas v. Wells Fargo Bank, N.A., 93 So.3d 453 (Fla. 2d DCA 2012).
In February 2010, Wells Fargo filed a mortgage foreclosure complaint against the defendant. Wells Fargo alleged that it was the holder of the note and…
2Cases cited6 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- Albelo v. Southern BellDistrict Court of Appeal of Florida · 1996
- Finnegan v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
- Goncharuk v. HSBC Mortgage Services, Inc.District Court of Appeal of Florida · 2011
- Sandoro v. HSBC BankDistrict Court of Appeal of Florida · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Colon v. JP Morgan Chase Bank, NADistrict Court of Appeal of Florida · 2015
- Helton v. Bank of America, N.A.District Court of Appeal of Florida · 2016
- Freiday v. OneWest Bank, FSBDistrict Court of Appeal of Florida · 2014
- Dixon v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
- Serrano v. HSBC Bank USA, National Ass'nDistrict Court of Appeal of Florida · 2013
3 more not listed; retrieve them via the Exa API.