Legal Opinion
Allen v. Wilmington Trust, N.A.
District Court of Appeal of Florida
Decided March 24, 2017No. Case 2D15-2976PublishedCited by 20 opinions
1Opinion of the Court
SILBERMAN, Judge.
John Allen seeks review of a final judgment of foreclosure which was entered after a nonjury trial. Allen argues that Wilmington Trust, N.A., failed to prove that it met the condition precedent of giving notice of acceleration. We agree and reverse.
Paragraph 22 of the mortgage requires that the lender give notice to the borrower prior to acceleration and sets forth several required terms of the notice. Paragraph 15 requires that the notice be written and provides that any such notice “shall be deemed to have been given to Borrower when mailed by first class mail.” In his…
2Cases cited4 opinions
- Michel v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2016
- Burt v. Hudson & Keyse, LLCDistrict Court of Appeal of Florida · 2014
- Citimortgage, Inc. v. HoskinsonDistrict Court of Appeal of Florida · 2016
- Bruce L. Blum v. Deutsche Bank Trust Company, Americas as TrusteeDistrict Court of Appeal of Florida · 2015
3Cited by20 opinions
- Madl v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
- MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
- CitiBank, N.A. v. ManningDistrict Court of Appeal of Florida · 2017
- ISAIAH L. SPENCER & SHATIKA L. SPENCER v. DITECH FINANCIAL, L L CDistrict Court of Appeal of Florida · 2018
- PEGGY A. THORLTON v. NATIONSTAR MORTGAGE, L L CDistrict Court of Appeal of Florida · 2018
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