Legal Opinion

U.S. Bank, N.A. v. Wanio-Moore

District Court of Appeal of Florida

Decided April 5, 2013No. 5D12-1746PublishedCited by 2 opinions

1Opinion of the CourtPalmer, J.

U.S. Bank, N.A. (Bank) appeals the trial court’s order dismissing its mortgage foreclosure complaint, without leave to amend, for inadequate verification of the complaint. Determining that the verification provided by the Bank was legally sufficient, we reverse.

The trial court dismissed the Bank’s complaint because the signed verification accompanying it did not state the signer’s position. The court relied on a decision of another circuit, Aurora Loan Services v. Fleetwood, 18 Fla. L. Weekly Supp. 390 (Fla. 19th Cir. Ct. Jan. 26, 2011), to support its ruling. There, the court wrote:

The…

2Cases cited2 opinions

  1. Becker v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
  2. BAC Home Loan Servicing, L.P. v. StentzDistrict Court of Appeal of Florida · 2012

3Cited by2 opinions

  1. Deutsche Bank National Trust Co. v. HuberDistrict Court of Appeal of Florida · 2014
  2. Deutsche Bank National Trust Co. v. PlagemanDistrict Court of Appeal of Florida · 2014

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