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BROOKS v. BANK OF AMERICA, N.A.

No. 4D14-3337.

192 So.3d 619 (2016)

Chester A. BROOKS and Arlene E. Brooks, Appellants, v. BANK OF AMERICA, N.A., San Remo Homeowners Community Association, Inc. and Unknown Tenant/Occupant(s), Appellees.

District Court of Appeal of Florida, Fourth District.

May 25, 2016.

Attorney(s) appearing for the Case

Bruce K. Herman of The Herman Law Group, P.A., Fort Lauderdale, for appellants.

Steven H. Gaddy of Phelan Hallinan Diamond & Jones, PLLC, Fort Lauderdale, for appellee Bank of America, N.A.

Chester and Arlene Brooks (the "Borrowers") appeal the trial court's order granting final summary judgment of foreclosure in favor of Bank of America, N.A. (the "Lender"). The Borrowers argue the Lender failed to rebut their affirmative defense of failure to comply with conditions precedent to foreclosure. We agree and reverse.

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