Legal Opinion
Toyos v. Helm Bank, USA
District Court of Appeal of Florida
Decided April 13, 2016No. 4D15-1388PublishedCited by 6 opinions
1Opinion of the CourtMay, J.
A borrower appeals a final summary judgment of foreclosure. She argues the trial court erred in entering summary judgment when the bank failed to refute the affirmative defense of failure to comply with paragraph 22 of the mortgage which required a written notice of default. We agree and reverse.
The bank filed a verified complaint seeking mortgage foreclosure, in which it alleged that “[a]ll conditions precedent to acceleration of this Mortgage Note and to the foreclosure of the Mortgage have been fulfilled or have occurred.” Copies of the note and mortgage were attached to the complaint.…
2Cases cited7 opinions
- Bryson v. Branch Banking and Trust Co.District Court of Appeal of Florida · 2011
- Bifulco v. State Farm Mut. Auto. Ins.District Court of Appeal of Florida · 1997
- Alejandre v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2010
- Gafoor Jaffer and Nina Jaffer v. Chase Home Finance, LLCDistrict Court of Appeal of Florida · 2015
- Cufferi v. Royal Palm Development Co.District Court of Appeal of Florida · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estes v. RodinDistrict Court of Appeal of Florida · 2018
- Home Outlet, LLC v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2016
- Houk v. PennyMac Corp.District Court of Appeal of Florida · 2017
- Montenegro-Toirac v. Reo Asset Acquisitions, LLCDistrict Court of Appeal of Florida · 2017
- Montenegro-Toirac v. Reo Asset Acquisitions, LLCDistrict Court of Appeal of Florida · 2017
1 more not listed; retrieve them via the Exa API.