TRAVIS MCKINNEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Samaroo v. Wells Fargo Bank, 137 So. 3d 1127 (Fla. 5th DCA 2014)
  …r less than the amount required to cure the default shall not be deemed to reinstate [their] loan or waive any acceleration of the loan.” This in no way suggests the right to reinstate after acceleration. See Kurian v. Wells Fargo Bank, Nat’l Ass’n, 114 So. 3d 1052, 1055 (Fla. 4th DCA 2013) (“[The letter attached to the Complaint] did not advise of the default, provide an opportunity to cure, or provide thirty days in which to do so. The letter attached to the Complaint did not satisfy section 22’s requirement…
• Prakash Patel and Nila Patel v. Aurora Loan Servs., LLC, 162 So. 3d 23 (Fla. 4th DCA 2014)
  …itled to a summary judgment of foreclosure. Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Co., 105 So. 3d 602, 606 (Fla. 4th DCA 2013). Defendants in this case rely on Frost and Kurian v. Wells Fargo Bank, National Association, 114 So. 3d 1052 (Fla. 4th DCA 2013). In Frost, this court reversed a final summary judgment of foreclosure where the bank failed to refute the defendant’s affirmative defense of lack of notice and opportunity to cure. Frost, 15 So. 3d at 906. The pertinent language…
• Yefim Vasilevskiy and Yelena Vasilevskiy v. Wachovia Bank, 171 So. 3d 192 (Fla. 5th DCA 2015)
  …he defenses raised by the defendant. When a party raises affirmative defenses, a summary judgment should not be granted where there are issues of fact raised by the affirmative defenses which have not been refuted. Kurian v. Wells Fargo Nat’l Ass’n, 114 So. 3d 1052 (Fla. 4th DCA 2013). Here, the defendants asserted an affirmative defense of the bank’s failure to fulfill conditions precedent to foreclosure. Specifically, the defendants alleged that the bank failed to comply with paragraph twenty-two of the mor…