Legal Opinion

Ventures Trust 2013-I-H-R Ex Rel. JPMorgan Chase Bank, National Ass'n v. Asset Acquisitions & Holdings Trust

District Court of Appeal of Florida

Decided October 28, 2016No. 2D15-1923PublishedCited by 5 opinions

1Opinion of the Court

LUCAS, Judge.

Ventures Trust 2013-I-H-R (Ventures Trust) appeals an order of involuntary dismissal entered at the conclusion of a non-jury trial. 1 Because the court’s order was premised upon an intervening party’s impermissible assertion of a defense that had never been raised by any of the defendants, we reverse the court’s order.

Washington Mutual Bank (WAMU) initiated the; underlying litigation when it -filed a complaint on December 18, 2007, to foreclose a Cape Coral residential mortgage given by Richard R. Woodard in exchange for a loan. The subject promissory note and mortgage were…

2Cases cited18 opinions

  1. Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
  2. Phadael v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2012
  3. Russell v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
  4. Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
  5. Bymel v. Bank of America, N.A.District Court of Appeal of Florida · 2015

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3Cited by5 opinions

  1. HSBC Bank USA, National Ass'n v. BusetDistrict Court of Appeal of Florida · 2017
  2. Bank of N.Y. Mellon v. HOA Rescue Fund, LLCDistrict Court of Appeal of Florida · 2018
  3. BANK OF NEW YORK MELLON v. HENRY BARAHONADistrict Court of Appeal of Florida · 2018
  4. GREEN EMERALD HOMES, L L C v. 21ST MORTGAGE CORPORATIONDistrict Court of Appeal of Florida · 2019
  5. Wilmington Trust v. MoonDistrict Court of Appeal of Florida · 2018

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