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Bank of N.Y. Mellon v. Ruiz

District Court of Appeal of Florida, Second District.
Jul 15, 2016
194 So. 3d 582 (Fla. Dist. Ct. App. 2016)

Opinion

No. 2D15–1527.

07-15-2016

The BANK OF NEW YORK MELLON, as Successor by Merger to the Bank of New York, as Trustee for the benefit of the asset-backed Certificates, Series 2007–2, Appellant, v. Henry RUIZ, Appellee.

Susan B. Morrison and Lauren E. Wages of Law Office of Daniel C. Consuegra, P.L., Tampa (withdrew after briefing); Kimberly N. Hopkins of Shapiro, Fishman & Gache, LLP, Tampa (substituted as counsel of record), for Appellant. Nick Fowler and Sami Thalji of Stamatakis, Thalji, Bonanno, Tampa, for Appellee.


Susan B. Morrison and Lauren E. Wages of Law Office of Daniel C. Consuegra, P.L., Tampa (withdrew after briefing); Kimberly N. Hopkins of Shapiro, Fishman & Gache, LLP, Tampa (substituted as counsel of record), for Appellant.

Nick Fowler and Sami Thalji of Stamatakis, Thalji, Bonanno, Tampa, for Appellee.

KELLY, Judge.

The Bank of New York Mellon appeals from the order dismissing its foreclosure action against Henry Ruiz based on the Bank's alleged failure to comply with the notice requirements of paragraph twenty- two of the mortgage. Because the Bank's letter substantially complied with its notice obligations under the terms of the mortgage, we reverse and remand for further proceedings. See Green Tree Servicing, LLC v. Milam, 177 So.3d 7, 13 (Fla. 2d DCA 2015).

Reversed and remanded.

CASANUEVA and WALLACE, JJ., Concur.


Summaries of

Bank of N.Y. Mellon v. Ruiz

District Court of Appeal of Florida, Second District.
Jul 15, 2016
194 So. 3d 582 (Fla. Dist. Ct. App. 2016)
Case details for

Bank of N.Y. Mellon v. Ruiz

Case Details

Full title:The BANK OF NEW YORK MELLON, as Successor by Merger to the Bank of New…

Court:District Court of Appeal of Florida, Second District.

Date published: Jul 15, 2016

Citations

194 So. 3d 582 (Fla. Dist. Ct. App. 2016)