Foerster v. Regent Bank
This text of 110 So. 3d 526 (Foerster v. Regent Bank) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellants Jeffrey and Taunya Foerster, defendants below, appeal a final summary judgment of foreclosure in favor of Appel-lee Regent Bank. We reverse the summary judgment because there remains a genuine issue of material fact regarding whether appellee complied with the condition precedent contained in the mortgage to provide pre-suit notice of acceleration. See Finnegan v. Deutsche Bank Nat’l Trust Co., 96 So.3d 1093, 1094 (Fla. 4th DCA 2012) (reversing summary judgment as letters sent to appellant were not properly considered on motion for summary judgment and bank’s affidavit did not address compliance with pre-suit notice of default).
Reversed.
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Cite This Page — Counsel Stack
110 So. 3d 526, 2013 WL 1316128, 2013 Fla. App. LEXIS 5344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foerster-v-regent-bank-fladistctapp-2013.