The Bank of New York Mellon Corporation as Trustee v. Hernandez
The trial court sua sponte dismissed a foreclosure action at the outset of trial, before any evidence, concluding that Yelen v. Bankers Trust barred recovery because the transfer of the property (via an association assessment-lien foreclosure sale) was involuntary and so could not trigger the mortgage's due-on-sale clause. The Third DCA reversed, holding the sua sponte dismissal without a pending motion violated due process and was premature, and that Yelen is distinguishable because the modern clause omits the words 'by Borrower' and thus reaches any transfer, voluntary or not.
Key facts
- The Bank of New York Mellon Corporation, as trustee, brought a foreclosure action against Hernandez after the property was sold via an association assessment-lien foreclosure sale.
- The trial court dismissed the foreclosure action sua sponte at the outset of trial, before any evidence was presented, based on its conclusion that Yelen v. Bankers Trust barred recovery because the property transfer was involuntary.
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Why it matters
Lenders facing the common defense that an involuntary transfer (such as an HOA/condominium assessment-lien foreclosure sale) cannot trigger acceleration now have Third DCA authority confining Yelen to its older 'by… — full analysis with a trial
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