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BANK OF NEW YORK MELLON v. RUIZ

No. 2D15-1527.

194 So.3d 582 (2016)

The BANK OF NEW YORK MELLON, as Successor by Merger to the Bank of New York, as Trustee for the benefit of the asset-backed Certificates, Series 2007-2, Appellant, v. Henry RUIZ, Appellee.

District Court of Appeal of Florida, Second District.

July 15, 2016.

Attorney(s) appearing for the Case

Susan B. Morrison and Lauren E. Wages of Law Office of Daniel C. Consuegra, P.L., Tampa (withdrew after briefing); Kimberly N. Hopkins of Shapiro, Fishman & Gache, LLP, Tampa (substituted as counsel of record), for Appellant.

Nick Fowler and Sami Thalji of Stamatakis, Thalji, Bonanno, Tampa, for Appellee.

The Bank of New York Mellon appeals from the order dismissing its foreclosure action against Henry Ruiz based on the Bank's alleged failure to comply with the notice requirements of paragraph twenty-two of the mortgage. Because the Bank's letter substantially complied with its notice obligations...

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