WILLIS v. BANK OF NEW YORK MELLON

No. 4D12-894.

115 So.3d 1075 (2013)

Gregory J. WILLIS, Appellant, v. The BANK OF NEW YORK MELLON as Successor By Merger To The Bank Of New York As Trustee For The Certificate Holders Cwalt Inc. Alternative Loan Trust 2005-60TI Mortgage Pass Through Certificates, Series 2005-60TI, Appellee.

District Court of Appeal of Florida, Fourth District.

June 19, 2013.


Attorney(s) appearing for the Case

Gregory J. Willis, Weston, pro se.

Christopher Hixson of Law Office of Daniel C. Consuegra, P.L., Tampa, for appellee.


PER CURIAM.

In entering a final summary judgment of foreclosure, the trial court also granted a reformation of the mortgage to include a legal description of the property foreclosed, as apparently the mortgage failed to include the proper legal description. The appellee Bank's motion for summary judgment and accompanying notice, however, did not raise the issue of reformation as an issue to be addressed at the summary judgment hearing. Because of the lack of notice...

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