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SOUTHWART v. BANK OF NEW YORK

No. 4D14-3462.

204 So.3d 134 (2016)

Kathleen Ann SOUTHWART a/k/a Kathleen Southwart, Appellant, v. The BANK OF NEW YORK, as Indenture, Trustee for the Encore Credit Receivables Trust 2005-2, and Donald Southwart, Seminole Lakes Homeowner's Association, Inc., and David Southwart, Appellees.

District Court of Appeal of Florida, Fourth District.

November 16, 2016.

Attorney(s) appearing for the Case

Kathleen Southwart, Royal Palm Beach, pro se.

Joseph A. Apatov of McGlinchey Stafford, Fort Lauderdale, for appellee The Bank of New York, as Indenture, Trustee for the Encore Credit Receivables Trust 2005-2.

The Bank of New York filed a foreclosure complaint against appellant. In appellant's answer, appellant denied the bank had complied with the conditions precedent. Specifically, appellant alleged that the bank had failed to mail the notice of default, mail a timely notice of default, and include the requisite language within the notice of default...

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