Donald Miller and Mary T. Miller v. The Bank of New York Mellon, etc.

ON MOTION FOR REHEARING

DAMOORGIAN, J.

On consideration of Appellee’s motion for rehearing, the Court denies the motion, withdraws the opinion filed March 2, 2016, and substitutes the following opinion in its place.

Appellants, Donald and Mary Miller, appeal a final judgment of foreclosure in favor of The Bank of New York Mellon (the “Bank”). Appellants argue that the judgment should be reversed because the Bank failed to establish that it complied with conditions precedent to filing suit. Based on the trial court’s finding to the same, we reverse.

Following a bench trial in front of a magistrate…