Legal Opinion

U.S. Bank National Association, etc. v. Richard Clarke a/k/a Richard C. Clarke, Paula Prinsen, Broward, a Political subdivision of the State of Florida

District Court of Appeal of Florida

Decided May 25, 2016No. 4D14-3398PublishedCited by 7 opinions

1Per curiam

U.S. Bank National Association, as Trustee for the Holders of CSAB 2007-1 (“U.S.Bank”), appeals a final judgment in favor of the borrower in U.S. Bank’s foreclosure action.. Because U.S. Bank proved its entitlement to foreclose, we reverse and remand for entry of judgment in U.S. Bank’s favor.

U.S. Bank filed a foreclosure complaint against the borrower, attaching a copy of the note with a blank endorsement. The case eventually proceeded to trial. 1 After trial, the court ruled that U.S. Bank lacked standing for two reasons: (1) the trust named as the plaintiff was not the same as the trust…

2Cases cited6 opinions

  1. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  2. Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
  3. Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
  4. American Home Mortgage Servicing, Inc. v. BednarekDistrict Court of Appeal of Florida · 2014
  5. Kenney v. HSBC Bank USA, National Ass'nDistrict Court of Appeal of Florida · 2015

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3Cited by7 opinions

  1. PennyMac Corp. v. FrostDistrict Court of Appeal of Florida · 2017
  2. Bank of New York Mellon v. HeathDistrict Court of Appeal of Florida · 2017
  3. Bayview Loan Servicing, LLC v. Rita KayDistrict Court of Appeal of Florida · 2017
  4. DEUTSCHE BANK NATIONAL TRUST, ETC. v. FLEMING HARRISDistrict Court of Appeal of Florida · 2020
  5. Deutsche Bank Trust Co. Ams. v. MercedFlorida Fifth District Court of Appeal · 2018

2 more not listed; retrieve them via the Exa API.

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