Savostianov v. Advocates Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing summary judgment in favor of lender where notice letter failed to include the default and foreclosure suit was filed three days after notice letter
• reversing final summary judgment where the bank “did not refute Konsulian’s defenses nor did it establish that Konsulian’s defenses were legally insufficient”
• reversing summary judgment entered in favor of bank because bank “did not refute [homeowner’s] defenses nor did it establish that [homeowner's] defenses were legally insufficient” (emphasis added)
• “[N]othing in Busey’s complaint, motion for summary judgment, or affidavits indicates that Busey gave Konsulian the notice which the mortgage required.... Further, Busey did not refute Konsulian’s defenses nor did it establish that [they] were legally insufficient.”
• “Under Florida law, contracts are construed in accordance with their plain language, as bargained for by the parties.”
• both notice and opportunity to cure are necessary conditions precedent in contractual provision

Source: CourtListener parenthetical corpus (CC0).