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VITALIY v. WELLS FARGO BANK, N.A.

Case No. 5D17-1904.

253 So.3d 779 (2018)

Rush VITALIY, a/k/a Rush Vitaly, Appellant, v. WELLS FARGO BANK, N.A., as Trustee FOR the POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1 2004 ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WHQ2, Joulia Vitaliy and Argent Mortgage Co, Appellees.

District Court of Appeal of Florida, Fifth District.

Opinion filed September 28, 2018.

Attorney(s) appearing for the Case

Latasha Scott , of Lord Scott, Tampa, and Richard J. Mockler , of Stay in My Home, P.A., St. Petersburg, for Appellant.

W. Bard Brockman , and Christian J. Bromley , of Bryan Cave LLP, Atlanta, Georgia, for Appellee, Wells Fargo Bank, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2.

No Appearance for other Appellees.

We reverse the final judgment of foreclosure entered in favor of Appellee, Wells Fargo Bank, N.A., against Appellant, Rush Vitaliy. In his answer to Appellee's foreclosure complaint, Appellant alleged that Appellee failed to provide him with the notice of default letter required by paragraph 22 of the mortgage. At trial, Appellee attempted...

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