Monica Gascon and Alexis Schloeter, Appellants, v. The Bank of New York Mellon Trust Company, N.A., etc., Appellee. (2023)

District Court of Appeal of Florida, Third District.

Monica Gascon and Alexis Schloeter, Appellants, v. The Bank of New York Mellon Trust Company, N.A., etc., Appellee.

No. 3D22-1431

Decided: March 22, 2023

Before EMAS, SCALES and MILLER, JJ.

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellants. Wargo, French & Singer, LLP, and Anthony R. Yanez, for appellee.

Affirmed. See Roman v. Wells Fargo Bank, 143 So. 3d 489, 490 n.1 (Fla. 5th DCA 2014) (affirming final summary judgment in favor of the bank because the mortgage's notice provision required only that the bank mail or deliver the default letter to the borrower's notice address, not that the borrower receive it); Bank of America v. Nash, 200 So. 3d 131, 135 (Fla. 5th DCA 2016) (“The fact that the [default] letter may not have been received is irrelevant.”).

PER CURIAM.

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