Wells Fargo Bank v. BH-NV Invs. 1, LLC

3 Citing cases

  1. Gonzalez v. Fed. Nat'l Mortg. Ass'n

    No. 3D17-1246 (Fla. Dist. Ct. App. Aug. 1, 2018)   Cited 9 times

    The mortgagee, however, has "the right to file a subsequent foreclosure action—and to seek acceleration of all sums due under the note—so long as the foreclosure action was based on a subsequent default, and the statute of limitations had not run on that particular default." Id. at 1021 (emphasis added); accord Wells Fargo Bank, NA v. BH-NV Invs. 1, LLC, 230 So. 3d 60, 62 (Fla. 3d DCA 2017). "Each 'alleged default create[s] a new and independent right in the mortgagee to accelerate payment on the note in a subsequent foreclosure action.'" Bollettieri Resort Villas Condo. Ass'n, Inc. v. Bank of N.Y. Mellon, 198 So. 3d 1140, 1142 (Fla. 2d DCA 2016) (quoting Singleton v. Greymar Assocs., 882 So. 2d 1004, 1008 (Fla. 2004)).

  2. Desai v. Bank of N.Y. Mellon Trust Co.

    240 So. 3d 729 (Fla. Dist. Ct. App. 2018)   Cited 7 times   1 Legal Analyses
    Finding a similar argument made by the borrower to be without merit under Bartram

    Other cases arising in our sister courts have held similarly. In Wells Fargo Bank, NA v. BH–NV Invs. 1, LLC , 230 So.3d 60, 61 (Fla. 3d DCA 2017), a trustee filed a foreclosure action in June 2009 based on a borrower's default in December 2008 and on all subsequent payments. In April 2011, the trial court dismissed that foreclosure action.

  3. Deutsche Bank Nat'l Trust Co. v. SFL Prop. Holding LLC

    237 So. 3d 1125 (Fla. Dist. Ct. App. 2018)

    Based upon the record before us and the defendant's confession of error, we reverse the trial court's order granting the motion for summary judgment and remand to the trial court for reinstatement of the complaint. See Bartram v. U.S. Bank Nat'l Ass'n, 211 So.3d 1009 (Fla. 2016) ; Deutsche Bank Tr. Co. Ams. v. Beauvais ("Beauvais II"), 188 So.3d 938 (Fla. 3d DCA 2016) (en banc);see also, e.g., Bollettieri Resort Villas Condo. Ass'n v. Bank of N.Y. Mellon, 228 So.3d 72 (Fla. 2017) ; Wells Fargo Bank, NA v. BH–NV Invs. 1, LLC, 230 So.3d 60 (Fla. 3d DCA 2017) ; Wells Fargo Bank, N.A. v. Spence, 213 So.3d 1142 (Fla. 3d DCA 2017) ; Arnoux v. Bank of N.Y., 193 So.3d 82 (Fla. 3d DCA 2016). We note that the trial court did not have the benefit of Bartram or this Court's en banc opinion, Beauvais II, when it entered final judgment in favor of SFL Property.