Bankster Successfully Establishes Standing To Foreclose, But Appeals Court Slams Brakes On Sale Anyway As Negligent Trial Judge Fails To Appropriately Address Homeowner's Affirmative Defenses
The bankster merely responded by arguing that each affirmative defense should be stricken as facially insufficient.
For the ruling, see Amstone v. The Bank of New York Mellon f/k/a The Bank of New York, as Trustee, No. 2D14-5480 (Fla. 2d DCA Jan. 6, 2016).
- failure to comply with section 559.715, Florida Statutes (2008);
- failure to post a cost bond pursuant to section 57.011, Florida Statutes (2008);
- failure to provide notice of breach and acceleration pursuant to Paragraph 22 of the mortgage; and
- a violation of the Federal Truth in Lending Act, 15 U.S.C. § 1641 (2008).
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