Legal Opinion
Deutsche Bank National Trust Co. v. Avila-Gonzalez
District Court of Appeal of Florida
Decided May 6, 2015No. 14-1015 & 13-0691PublishedCited by 5 opinions
1Opinion of the CourtLogue, J.
Deutsche Bank National Trust Company, as Trustee for Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2007-5, seeks review of the trial court’s order which dismissed its foreclosure action with prejudice and canceled the underlying mortgage and note as a sanction. We reverse.
The Bank filed a foreclosure action against Adriana Avila-Gonzalez (“Borrower”) on May 26, 2009, following nonpayment and default on their note and mortgage. The problems in this case arise from the Bank’s astounding negligence in repeatedly insisting the note was lost when, in fact, its…
2Cases cited6 opinions
- Mercer v. RaineSupreme Court of Florida · 1983
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Ledo v. Seavie Resources, LLCDistrict Court of Appeal of Florida · 2014
- Toll v. KorgeDistrict Court of Appeal of Florida · 2013
- Levine v. DEL AM. PROPERTIES, INC.District Court of Appeal of Florida · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- U.S. Bank National Ass'n v. RodriguezDistrict Court of Appeal of Florida · 2016
- Deutsche Bank v. Sombrero Beach RoadDistrict Court of Appeal of Florida · 2018
- Reverse Mortgage Solution, Inc. v. The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, etc.District Court of Appeal of Florida · 2016
- Brendan Forbes, Inc. v. Megnutt Enterprises, Inc.District Court of Appeal of Florida · 2025
- THE FIRST BAPTIST CHURCH OF GREATER MIAMI v. MIAMI BAPTIST ASSOCIATION, INC.District Court of Appeal of Florida · 2023