Legal Opinion

Deutsche Bank Trust Co. Ams. v. Merced

Florida Fifth District Court of Appeal

Decided March 2, 2018No. Case No. 5D16–3486Published

1Opinion of the Court

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COHEN, C.J., *440Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset Backed Pass-Through Certificates Series 2007-QS11 ("Deutsche Bank"), appeals a final judgment of involuntary dismissal entered in favor of Carlos Merced, Jr. and Alethea Merced. We reverse and remand for a new trial.

In 2015, Deutsche Bank filed a complaint seeking to foreclose the Merceds' residential mortgage. Before trial, the court entered a partial summary judgment finding that Deutsche Bank had standing to foreclose, and that ruling has not been challenged on appeal.…

2Cases cited5 opinions

  1. Yisrael v. StateSupreme Court of Florida · 2008
  2. Nationstar Mortgage, LLC v. BerdeciaDistrict Court of Appeal of Florida · 2015
  3. Russell v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
  4. 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 FloridaDistrict Court of Appeal of Florida · 2016
  5. Dobson v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2017

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