CAPELES v. BANK OF AMERICA (2020)

District Court of Appeal of Florida, Third District.

Maria CAPELES, Appellant, v. BANK OF AMERICA, N.A., Appellee.

No. 3D18-2581

Decided: December 23, 2020

Before SCALES, MILLER and LOBREE, JJ.

Dennis A. Donet, P.A., and Dennis A. Donet, for appellant. Kelley Kronenberg and Jacqueline Costoya Guberman (Fort Lauderdale), for appellee.

Affirmed. See Hayes v. Reverse Mortg. Sols., Inc., 260 So. 3d 391, 395 (Fla. 3d DCA 2018) (holding that Bartram v. U.S. Bank National Ass'n, 211 So. 3d 1009, 1019 (Fla. 2016), applied where mortgage at issue contained optional acceleration clause and note had definitive maturation date); Nationstar Mortg. LLC v. LHF Hudson, LLC, 271 So. 3d 1073, 1077 (Fla. 3d DCA 2019) (“As Bartram ․ did not change the law in Florida regarding the application of the statute of limitations in foreclosure actions, ․ Nationstar's complaint [sufficiently] allege[d] that Hudson ‘defaulted under the Note and Mortgage by failing to pay the payment due January [1], 2008 and all subsequent payments.’ ”).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network