IndyMac Federal Savings Bank, FSB v. Nabozny
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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 INDYMAC FEDERAL SAVINGS BANK, FSB, ) ) ) Appellant, ) ) v. ) ) FRANK J. NABOZNY, ) ) Appellee. ) ________________________________ ) Case No. 2D14-1010 Opinion filed February 10, 2016. Appeal from the Circuit Court for Pinellas County; Jack Day, Judge. Manuel S. Hiraldo and Paul J. Sodhi of Blank Rome LLP, Fort Lauderdale, for Appellant. Roger O. Mills of Mills Law, P.A., Tampa, for Appellee. NORTHCUTT, Judge. IndyMac Federal Savings Bank, FSB, appeals a final summary judgment dismissing its foreclosure claim against Frank Nabozny based on the court's conclusion that the bank's notice of default letter did not comply with the requirements of the mortgage. We conclude that IndyMac's letter substantially complied with its notice obligations under the mortgage terms and thus was sufficient. See Green Tree Servicing, LLC v. Milam, 40 Fla. L. Weekly D1733 (Fla. 2d DCA July 29, 2015). Accordingly, we reverse the summary judgment and remand for further proceedings. Reversed and remanded. LaROSE and SALARIO, JJ., Concur. -2-
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