Astoria Federal v. Kaufman
Annotate this Case
Download PDF
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 ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. Case No. 5D13-3085 DANIELLE C. KAUFMAN, F/K/A DANIELLE C. POLOWNIAK, Appellee. ________________________________/ Opinion filed January 2, 2015 Appeal from the Circuit Court for Brevard County, O. H. Eaton, Jr., Judge. Jason F. Joseph, of Gladstone Law Group, P.A., Boca Raton, and Marc Anthony Douthit, of Douthit Law, LLC, Miami, for Appellant. Richard Shuster, of Shuster & Saben, LLC, Satellite Beach, for Appellee. PER CURIAM. Astoria Federal Savings and Loan Association appeals the summary judgment rendered by the trial court in favor of Danielle Kaufman in this mortgage foreclosure case. The basis for the summary judgment was the trial court’s determination that Astoria did not comply with the notice of default requirement of paragraph 22 of the mortgage, which required that Astoria give Kaufman notice of the default and inform her of the steps she could take to cure the default. Astoria argues that the summary judgment should be reversed because the record reflects that it did send notice in compliance with paragraph 22 of the mortgage. Our review of the record reveals that Astoria is correct and that the notice that it provided to Kaufman was in compliance with paragraph 22. Therefore, we reverse the summary judgment under review and remand to the trial court for further proceedings. REVERSED and REMANDED. SAWAYA, WALLIS, JJ., and O’KANE, J.H., Associate Judge, concur. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
