MONICA GASCON AND ALEXIS SCHLOETER v. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., etc.

CourtDistrict Court of Appeal of Florida
DecidedMarch 22, 2023
Docket22-1431
StatusPublished

This text of MONICA GASCON AND ALEXIS SCHLOETER v. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., etc. (MONICA GASCON AND ALEXIS SCHLOETER v. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., etc.) 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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MONICA GASCON AND ALEXIS SCHLOETER v. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., etc., (Fla. Ct. App. 2023).

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 22, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1431 Lower Tribunal No. 15-14107 ________________

Monica Gascon and Alexis Schloeter, Appellants,

vs.

The Bank of New York Mellon Trust Company, N.A., etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellants.

Wargo, French & Singer, LLP, and Anthony R. Yanez, for appellee.

Before EMAS, SCALES and MILLER, JJ.

PER CURIAM. Affirmed. See Roman v. Wells Fargo Bank, 143 So. 3d 489, 490 n.1

(Fla. 5th DCA 2014) (affirming final summary judgment in favor of the bank

because the mortgage’s notice provision required only that the bank mail or

deliver the default letter to the borrower’s notice address, not that the

borrower receive it); Bank of America v. Nash, 200 So. 3d 131, 135 (Fla. 5th

DCA 2016) (“The fact that the [default] letter may not have been received is

irrelevant.”).

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Related

Bank of America, N.A. v. Nash
200 So. 3d 131 (District Court of Appeal of Florida, 2016)
Roman v. Wells Fargo Bank
143 So. 3d 489 (District Court of Appeal of Florida, 2014)

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MONICA GASCON AND ALEXIS SCHLOETER v. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., etc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/monica-gascon-and-alexis-schloeter-v-the-bank-of-new-york-mellon-trust-fladistctapp-2023.