The Bank of New York Mellon v. Ruiz
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT 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. ) ________________________________ ) Opinion filed July 15, 2016. Appeal from the Circuit Court for Hillsborough County; Perry A. Little, Senior Judge. 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. Case No. 2D15-1527 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. -2-
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