SAM ZALLOUM
v.
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA11, MORTGAGE PASS-THROUGH CERTIFICATES, ETC. ET AL.
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A foreclosure sale must be vacated and reset when the trustee fails to comply with the statutory requirements of section 45.031(2), Florida Statutes.
[1] A foreclosure sale must be vacated and reset when the foreclosing party fails to comply with the statutory notice and timing requirements of section 45.031(2), Florida St…
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Join FLexlaw to unlock all legal intelligenceSam Zalloum appealed a foreclosure sale conducted by The Bank of New York Mellon as trustee for certificate holders. The bank confessed error regardin…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
SAM ZALLOUM,
Appellant,
v. Case No. 5D20-1742 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-0A11, MORTGAGE PASS-THROUGH CERTIFICATES, ETC., ET AL., Appellees.
/
Opinion filed December 4, 2020 Nonfinal Appeal from the Circuit Court for Volusia County, Randell H. Rowe, III, Judge. Sam Zalloum, Enterprise, pro se. Kelley Kronenberg and Jacqueline Costoya Guberman, Fort Lauderdale, for Appellee, The Bank of New York Mellon f/k/a The Bank of New York. Mary J. Walter, of Liebler, Gonzalez & Portuondo, Miami, for Appellee Bank of America, N.A. No Appearance for other Appellees.
ON CONFESSION OF ERROR
PER CURIAM. Based on Appellee Bank of New York Mellon’s confession of error and our own
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review of the record, we reverse and remand the case to the trial court to vacate the foreclosure sale and to reset the foreclosure sale in accordance with section 45.031(2), Florida Statutes (2020). See Simonson v. Palm Beach Hotel Condo. Ass'n, 93 So. 3d 436 (Fla. 4th DCA 2012). Appellant's remaining issues on appeal are without merit. REVERSED AND REMANDED. EVANDER, C.J., ORFINGER, and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Simonson v. Palm Beach Hotel Condo. Ass'n, Inc., 93 So. 3d 436 (Fla. 4th DCA 2012)