MONICA GASCON AND ALEXIS SCHLOETER v. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., etc. ( 2023 )

Third District Court of Appeal
State of Florida
Opinion filed March 22, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1431
Lower Tribunal No. 15-14107
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Monica Gascon and Alexis Schloeter,
Appellants,
vs.
The Bank of New York Mellon Trust Company, N.A., etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Antonio
Arzola, Judge.
Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for
appellants.
Wargo, French & Singer, LLP, and Anthony R. Yanez, for appellee.
Before EMAS, SCALES and MILLER, JJ.
PER CURIAM.
Affirmed. See Roman v. Wells Fargo Bank, 143 So. 3d 489, 490 n.1
(Fla. 5th DCA 2014) (affirming final summary judgment in favor of the bank
because the mortgage’s notice provision required only that the bank mail or
deliver the default letter to the borrower’s notice address, not that the
borrower receive it); Bank of America v. Nash, 200 So. 3d 131, 135 (Fla. 5th
DCA 2016) (“The fact that the [default] letter may not have been received is
irrelevant.”).
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