Third District Court of Appeal
State of Florida
Opinion filed May 19, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-403
Lower Tribunal No. 11-5566
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Alejandro Cantero,
Appellant,
vs.
HSBC Bank USA, N.A.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice
Butchko, Judge.
Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for
appellant.
Liebler Gonzalez & Portuondo, and Mary J. Walter, for appellee.
Before LOGUE, GORDO and LOBREE, JJ.
PER CURIAM.
Affirmed. See Stacknik v. U.S. Bank Nat’l Ass’n as Tr., MASTR
Adjustable Rate Mortgs. Tr. 2007-3 Mortg. Pass-Through Certificates, Series
2007-3, 283 So. 3d 981, 983–84 (Fla. 2d DCA 2019) (affirming final judgment
of foreclosure finding that evidence of the default notice, the mailing log and
customer service notes indicating that the default notice had been mailed
was sufficient to establish compliance with paragraph 22 of the mortgage);
CitiBank, N.A. for WAMU Series 2007-HE2 Tr. v. Manning, 221 So. 3d 677,
681–82 (Fla. 4th DCA 2017) (holding that evidence of the breach letter and
testimony that the letter “went out” by a witness with personal knowledge as
to the Bank’s regular business practice of mailing breach letters was
sufficient to raise a presumption that the breach letter was indeed mailed to
Borrower via first class mail in compliance with the mortgage’s notice
requirements).
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