IndyMac Federal Savings Bank, FSB v. Nabozny

District Court of Appeal of Florida

IndyMac Federal Savings Bank, FSB v. Nabozny

185 So. 3d 664, 2016 Fla. App. LEXIS 1749, 2016 WL 519547

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 2016

Docket2D14-1010

StatusPublished

This text of 185 So. 3d 664 (IndyMac Federal Savings Bank, FSB v. Nabozny) 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.

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IndyMac Federal Savings Bank, FSB v. Nabozny, 185 So. 3d 664, 2016 Fla. App. LEXIS 1749, 2016 WL 519547 (Fla. Ct. App. 2016).

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Opinion

NORTHCUTT, Judge.

IndyMac Federal Sayings Bank, FSB, appeals a final. summary judgment dismissing its foreclosure claim against Frank Nabozny based on the court’s conclusion that the bank’s notice of default letter did not comply with the requirements of the mortgage. We conclude that IndyMac’s letter substantially complied with its notice obligations under the .mortgage terms and thus was sufficient. See Green Tree Servicing, LLC v. Milam, 177 So.3d 7 (Fla. 2d DCA 2015). Accordingly, we reverse .the summary judgment and remand for.further proceedings.

Reversed and remanded.

LaROSE and SALARIO, JJ., Concur.

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NORTHCUTT, Judge.

IndyMac Federal Sayings Bank, FSB, appeals a final. summary judgment dismissing its foreclosure claim against Frank Nabozny based on the court’s conclusion that the bank’s notice of default letter did not comply with the requirements of the mortgage. We conclude that IndyMac’s letter substantially complied with its notice obligations under the .mortgage terms and thus was sufficient. See Green Tree Servicing, LLC v. Milam, 177 So.3d 7 (Fla. 2d DCA 2015). Accordingly, we reverse .the summary judgment and remand for.further proceedings.

Reversed and remanded.

LaROSE and SALARIO, JJ., Concur.

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185 So. 3d 664, 2016 Fla. App. LEXIS 1749, 2016 WL 519547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indymac-federal-savings-bank-fsb-v-nabozny-fladistctapp-2016.

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