Legal Opinion

CITIMORTGAGE, INC. v. Henry

District Court of Appeal of Florida

Decided December 9, 2009No. 2D07-5982, 2D08-6252PublishedCited by 7 opinions

1Opinion of the Court

DAVIS, Judge.

In these consolidated appeals, Citimort-gage, Inc., challenges two orders entered by the trial court below in favor of Wacho-via Bank regarding two foreclosure proceedings on the same parcel of real estate. We reverse.

Factual Background

On December 19, 2002, Bruce J. Henry and Melissa A. Henry (the Borrowers) executed and delivered a promissory note and mortgage to Mortgage Electronic Registration Systems Incorporated (MERS) as nominee for Southshore Mortgage Company. This mortgage was recorded on December 26, 2002. Subsequently, the Borrowers executed and delivered to Wachovia a…

2Cases cited1 opinion

  1. Cone Bros. Construction Co. v. Moore Et Vir.Supreme Court of Florida · 1940

3Cited by7 opinions

  1. Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.District Court of Appeal of Florida · 2016
  2. Wells Fargo Bank, N.A. v. RutledgeDistrict Court of Appeal of Florida · 2014
  3. Futrell Custom Pools, Inc. v. Sunshine Custom Builders, Inc.District Court of Appeal of Florida · 2013
  4. Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.District Court of Appeal of Florida · 2015
  5. Bank of New York Mellon v. SperlingDistrict Court of Appeal of Florida · 2016

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