LIAM GILLEN AND JEAN T. GILLEN, APPELLANTS,

v.

FEDERAL NATIONAL MORTGAGE ASSOCIATION, APPELLEE

Citator

Cited By (25 total)

• Green Tree Servicing, LLC v. Milam, 177 So. 3d 7 (Fla. 2d DCA 2015)
  …st Co., 65 So. 3d 1190, 1192 (Fla. 2d DCA 2011). The notice requirement of paragraph twenty-two, a standard mortgage provision, is a condition precedent to be satisfied by the lender prior to filing a foreclosure suit. Konsulian v. Busey Bank, N.A., 61 So. 3d 1283, 1285 (Fla. 2d DCA 2011). The question, then, is whether there is any genuine issue as to whether National City’s December 10, 2008, letter satisfied that contractual condition such that it was entitled to file a foreclosure action. We turn first to…
• Adiel Gorel & Flca Tropical Holdings, LLC v. The Bank OF NEW York Mellon, 165 So. 3d 44 (Fla. 5th DCA 2015)
  …t has proven compliance.” DiSalvo v. SunTrust Mortg., Inc., 115 So. 3d 438, 439 (Fla. 2d DCA 2013). “Under Florida law, contracts are construed in accordance with their plain language, as bargained for by the parties.” Konsulian v. Busey Bank, N.A., 61 So. 3d 1283, 1285 (Fla. 2d DCA 2011). Paragraph 22 of the mortgage provides, in pertinent part: Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to a…
• Bryson v. Branch Banking & Tr. Co., 75 So. 3d 783 (Fla. 2d DCA 2011)
  …fidavits established that the bank gave the [*786] homeowners the notice and opportunity to cure required by the mortgage. See, e.g., Laurencio v. Deutsche Bank Nat’l Trust Co., 65 So. 3d 1190, 1192 (Fla. 2d DCA 2011); Konsulian v. Busey Bank, N.A., 61 So. 3d 1283, 1285 (Fla. 2d DCA 2011) (“[N]othing in Busey’s complaint, motion for summary judgment, or affidavits indicates that Busey gave Konsulian the notice which the mortgage required.... Further, Busey did not refute Konsulian’s defenses nor did it establ…