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ROESCH v. U.S. BANK NATIONAL ASSOCIATION

Case No. 2D18-1686.

294 So.3d 429 (2020)

John Mark ROESCH, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR9; Rick Crosby; and FC Notes SVC, LLC, Appellees.

District Court of Appeal of Florida, Second District.

Opinion filed April 15, 2020.

Attorney(s) appearing for the Case

Lee Segal of Segal & Schuh Law Group, P.L., Clearwater, for Appellant.

Mary J. Walter of Liebler, Gonzalez, & Portuondo, Miami, for Appellee U.S. Bank National Association, as trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-AR9.

No appearance for remaining Appellees.

U.S. Bank National Association filed a foreclosure suit against John Roesch. In his answer, Roesch denied that U.S. Bank had sent him notice of its intent to accelerate the mortgage debt and foreclose, a condition precedent to foreclosure set forth in paragraph 22 of the mortgage. At the non-jury trial, the lower court entered...

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