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