WELLS FARGO BANK, N.A., ETC., APPELLANT,
v.
HERNANDEZ & SILVA ENTERPRISES, INC., ET AL., APPELLEES
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A mortgagee's default notice is sufficient if it substantially complies with the mortgage's default notice provision, not strictly complies.
The trial court entered judgment for the defendant, finding the plaintiff's default notice insufficient as a matter of law. The plaintiff appealed thi…
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In this foreclosure case, the trial court entered judgment for Appellee Hernandez & Silva Enterprises, Inc., based upon Hernandez & Silva’s defense asserting that the default notice. of Appellant Wells. Fargo Bank, N.A. was insufficient as a matter of law.
We reverse the trial court’s judgment because the record reveals that the trial court applied the incorrect legal standard in evaluating whether- Wells Fargo’s, default notice complied with Paragraph 22 of the mortgage, the default notice provision.
, We have'held'that a mortgagee’s default notice is sufficient if it substantially com*68plies with the mortgage’s default notice provision. Bank of N.Y. v. Mieses, 187 So.3d 919 (Fla. 3d DCA 2016); SunTrust Mortg., Inc. v. Garcia, 186 So.3d 1036 (Fla. 3d DCA 2016); Bank of Am. v. Cadet, 183 So.3d 477, 478 (Fla. 3d DCA 2016) (Mem); Bank of N.Y. Mellon v. Nunez, 180 So.3d 160, 162 (Fla. 3d DCA 2016). The trial court applied a strict compliance standard in the instant case.1
Reversed and remanded for proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nationstar Mortg. v. Silva, 239 So. 3d 782 (Fla. 3d DCA 2018)…curity Instrument by judicial proceeding. “[A] mortgagee’s default notice is sufficient if it substantially complies with the mortgage’s default notice provision” – i.e. paragraph 22. Wells Fargo Bank, N.A. v. Hernandez & Silva Enterprises, Inc., 193 So. 3d 67, 67-68 (Fla. 3d DCA 2016). “Paragraph twenty-two is designed to ensure that a borrower receives essential information concerning his or her default, how to cure it, and his or her rights with respect to it. It is not a technical trap designed to…
Authorities Cited
- Bank OF NEW York Mellon v. Nunez, 180 So. 3d 160 (Fla. 3d DCA 2015)
- Bank OF Am. v. Francois Claude Cadet, 183 So. 3d 477 (Fla. 3d DCA 2016)
- Bank OF NEW York v. Luisa E. Mieses, 187 So. 3d 919 (Fla. 3d DCA 2016)