Legal Opinion

U.S. BANK NATIONAL ASSOC., ETC v. JEAN KACHIK

District Court of Appeal of Florida

Decided July 5, 2017No. 4D16-1776Published

1Opinion of the CourtCiklin, J.

' U.S. Bank National Association, as Trustee for Home Equity Asset Trust 2004-6 Home Equity Pass Through Certificates, Series 2004-6 (“the bank”), the plaintiff in the foreclosure proceedings below, appeals a final judgment in favor of Jean Kachik (“the homeowner”). Because the bank failed to file the original allonge to the subject note, we affirm.

A copy of the note on which the action was brought and a copy of a paper entitled “Endorsement and Assignment of Note” were attached to the bank’s single-count complaint for foreclosure. The endorsement and assignment stated in pertinent part, “I…

2Cases cited5 opinions

  1. Deutsche Bank National Trust Co. v. ClarkeDistrict Court of Appeal of Florida · 2012
  2. Booker v. Sarasota, Inc.District Court of Appeal of Florida · 1998
  3. Isaac v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2011
  4. Fair v. KaufmanDistrict Court of Appeal of Florida · 1994
  5. Caballero v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016

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