Legal Opinion
Dixon v. Express Equity Lending Group, LLLP
District Court of Appeal of Florida
Decided June 5, 2013No. 4D12-1381PublishedCited by 30 opinions
1Opinion of the CourtMay, C.J.
A homeowner appeals a Final Judgment of Foreclosure. She argues the trial court erred in entering the final judgment because the special indorsement on the note refers to a non-party to the foreclosure proceedings. We agree and reverse.
The homeowner moved to dismiss the Complaint, and then before a ruling on the motion, answered asserting affirmative defenses. The case proceeded to a bench trial. At trial, the lender produced the original note. The note promised “to pay to the order of EXPRESS EQUITY LENDING GROUP, LLLP, ITS SUCCESSORS AND OR ASSIGNS AS THEIR INTERESTS MAY APPEAR.” The…
2Cases cited3 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Rigby v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
- Westport Recovery Corp. v. MidasDistrict Court of Appeal of Florida · 2007
3Cited by30 opinions
- Gorel v. Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
- Shawn Boyd v. Wells Fargo BankDistrict Court of Appeal of Florida · 2014
- Alva Sosa and Alex Amador v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2014
- Craig D. Lamb v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015
25 more not listed; retrieve them via the Exa API.