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ALLEN v. WILMINGTON TRUST, N.A.

Case No. 2D15-2976.

216 So.3d 685 (2017)

John ALLEN, a/k/a John T. Allen, Appellant, v. WILMINGTON TRUST, N.A., Successor Trustee to Citibank, N.A., as Trustee f/b/o the Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR6, Mortgage Pass-Through Certificates, Series 2007-AR6; Constance Allen-Willoughby; and South Gate Community Association, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 12, 2017.

Attorney(s) appearing for the Case

Gregg Horowitz , Sarasota, for Appellant.

Sarah T. Weitz of Weitz & Schwartz, P.A., Fort Lauderdale, for Appellee Citibank.

No appearance for remaining Appellees.

John Allen seeks review of a final judgment of foreclosure which was entered after a nonjury trial. Allen argues that Wilmington Trust, N.A., failed to prove that it met the condition precedent of giving notice of acceleration. We agree and reverse.

Paragraph 22 of the mortgage requires that the lender give notice to the...

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