DiSALVO v. SUNTRUST MORTGAGE, INC.

No. 2D11-2707.

115 So.3d 438 (2013)

Joe DiSALVO, III, and Elizabeth Ann DiSalvo, Appellants, v. SUNTRUST MORTGAGE, INC., Appellee.

District Court of Appeal of Florida, Second District.

June 19, 2013.


Attorney(s) appearing for the Case

Michael E. Rodriguez of Foreclosure Defense Law Firm, PL, Tampa, for Appellants.

Tricia J. Duthiers and Frank P. Cuneo of Liebler, Gonzalez & Portuondo, P.A., Miami, for Appellee.


WALLACE, Judge.

Joe DiSalvo, III, and Elizabeth Ann DiSalvo challenge the entry of a summary judgment resulting in a final judgment of foreclosure. Because the mortgagee, SunTrust Mortgage, Inc., failed to present competent evidence that it provided the DiSalvos with the requisite notice and an opportunity to cure the default before the acceleration of the mortgage debt, we reverse.

In July 2009, SunTrust filed a complaint seeking to foreclose a mortgage made...

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