Legal Opinion

Home Outlet, LLC v. U.S. Bank National Ass'n

District Court of Appeal of Florida

Decided June 24, 2016No. 5D15-2643PublishedCited by 11 opinions

1Per curiam

• Home Outlet, LLC, (“Home Outlet”)- appeals the final judgment of foreclosure entered on behalf of U.S. Bank National Association (“U.S.Bank”). 1 Because we find that U.S. Bank failed to reestablish a lost note, we reverse.

The borrowers executed the original note for $317,400, but stopped making payments in 2007. Home Outlet then*purchased the property securing the note at an HOA foreclosure sale. 2 In 2012, the original lender filed a two-count complaint to reestablish a lost note and foreclose. Attached to the complaint were photocopies of the original note and mortgage, an assignment of…

2Cases cited6 opinions

  1. Correa v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2013
  2. Figueroa v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2015
  3. Gonzalez v. BAC Home Loans Servicing, L.P.District Court of Appeal of Florida · 2015
  4. Bowmar v. SunTrust Mortgage, Inc.District Court of Appeal of Florida · 2016
  5. Seidler v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2015

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3Cited by11 opinions

  1. Peters v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
  2. FREDERICK SABIDO and JONELLE SABIDO v. THE BANK OF NEW YORK MELLON, ETC.District Court of Appeal of Florida · 2017
  3. Nationstar Mortgage, LLC v. U.N. Kee WingDistrict Court of Appeal of Florida · 2017
  4. FLORIDA HOLDING 4800 LLC v. LAUDERHILL LENDING, LLCDistrict Court of Appeal of Florida · 2019
  5. Wisman v. Nationstar MortgageDistrict Court of Appeal of Florida · 2017

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