Wroblewski v. American Home Mortgage Servicing, Inc.

District Court of Appeal of Florida

Wroblewski v. American Home Mortgage Servicing, Inc.

68 So. 3d 431, 2011 Fla. App. LEXIS 14257, 2011 WL 3962102

District Court of Appeal of Florida·Decided September 9, 2011·No. 5D10-1068·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the summary judgment of foreclosure because Appellee failed to overcome Appellant’s assertion in her answer that Appellee had failed to comply with the condition precedent contained in the mortgage, requiring notice and opportunity to cure. Morrison v. U.S. Bank, N.A., 36 Fla. L. Weekly D1646 (Fla. 5th DCA July 29, 2011); Konsulian v. Busey Bank, N.A., 61 So.3d 1283 (Fla. 2d DCA 2011).

REVERSED and REMANDED.

GRIFFIN, MONACO and TORPY, JJ., concur.

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PER CURIAM.

We reverse the summary judgment of foreclosure because Appellee failed to overcome Appellant’s assertion in her answer that Appellee had failed to comply with the condition precedent contained in the mortgage, requiring notice and opportunity to cure. Morrison v. U.S. Bank, N.A., 36 Fla. L. Weekly D1646 (Fla. 5th DCA July 29, 2011); Konsulian v. Busey Bank, N.A., 61 So.3d 1283 (Fla. 2d DCA 2011).

REVERSED and REMANDED.

GRIFFIN, MONACO and TORPY, JJ., concur.

Wroblewski v. American Home Mortgage Servicing, Inc., 68 So. 3d 431, 2011 Fla. App. LEXIS 14257, 2011 WL 3962102 (Fla. Ct. App. 2011).

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Opinion

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