VALENCIA v. DEUTSCHE BANK NAT. TRUST CO.

No. 4D09-3297.

67 So.3d 325 (2011)

Jenny VALENCIA and Galo Valencia, Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 24, 2011.


Attorney(s) appearing for the Case

Marcy S. Resnik of Kahn, Chenkin & Resnik, P.L., Dania, and Mark L. Pomeranz of Pomeranz & Associates, P.A., Hallandale, for appellants.

Nancy M. Wallace and Katherine E. Giddings of Akerman Senterfitt, Tallahassee, and William P. Heller of Akerman Senterfitt, Fort Lauderdale, for appellee.


PEGG, ROBERT L., Associate Judge.

Appellants seek reversal of a summary final judgment of foreclosure. The complaint alleges that Jenny and Galo Valencia were delinquent in making the required loan payments due on December 1, 2003. The mortgage contained a written requirement that the borrowers be given written notice specifying the default, the action needed to cure the default, and the time period of thirty days to do so.

For some reason, the lender had...

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