The Bank of New York Mellon v. Herndon

District Court of Appeal of Florida

The Bank of New York Mellon v. Herndon

197 So. 3d 68, 2016 Fla. App. LEXIS 2860, 2016 WL 746530

District Court of Appeal of Florida·Decided February 26, 2016·No. 2D15-1055·Published

Opinion

KELLY, Judge.

The Bank of New York appeals from the order dismissing its foreclosure .action against Billy F. Herndon on the grounds that the default letter did not substantially comply with the notice requirement in *69 paragraph 22 of the mortgage. We reverse and remand for further proceedings. See Green Tree Servicing, LLC v. Milam, 177 So.3d 7 (Fla. 2d DCA 2015); Bank of Am. v. Cadet, No. 3D15-699, 2016 WL 231890 (Fla. 3d DCA Jan. 20, 2016); Bank of N.Y. Mellon v. Nunez, 180 So.3d 160 (Fla. 3d DCA 2015).

NORTHCUTT and. LaROSE, JJ„ Concur.

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KELLY, Judge.

The Bank of New York appeals from the order dismissing its foreclosure .action against Billy F. Herndon on the grounds that the default letter did not substantially comply with the notice requirement in *69 paragraph 22 of the mortgage. We reverse and remand for further proceedings. See Green Tree Servicing, LLC v. Milam, 177 So.3d 7 (Fla. 2d DCA 2015); Bank of Am. v. Cadet, No. 3D15-699, 2016 WL 231890 (Fla. 3d DCA Jan. 20, 2016); Bank of N.Y. Mellon v. Nunez, 180 So.3d 160 (Fla. 3d DCA 2015).

NORTHCUTT and. LaROSE, JJ„ Concur.

The Bank of New York Mellon v. Herndon, 197 So. 3d 68, 2016 Fla. App. LEXIS 2860, 2016 WL 746530 (Fla. Ct. App. 2016).

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Opinion

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