Legal Opinion

Mark Barnett and Yvette Barnett v. U.S. Bank National Association

District Court of Appeal of Florida

Decided February 17, 2016No. 4D13-4179Published

1Opinion of the CourtConner, J.

Appellants, Mark Barnett and Yvette Barnett, appeal the trial court’s entry of final judgment of. foreclosure in favor of U.S. Bank National Association. Appellants assert multiple grounds for reversal, only one of which we discuss. Because there was no evidence presented at trial to prove that the initial plaintiff in this action, Bank of America, possessed the note at the time suit was filed, we reverse.

Factual Background and Trial Proceedings

Bank of America, “as Successor by Merger to LaSalle Bank, National Association, as Trustee for Washington Mutual Mortgage Pass-Through Certificates,…

2Cases cited6 opinions

  1. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  2. Rigby v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
  3. Lewis v. J.P. Morgan Chase BankDistrict Court of Appeal of Florida · 2014
  4. GMAC Mortgage, LLC. v. ChoengkroyDistrict Court of Appeal of Florida · 2012
  5. Darren Klemencic and Niurka Klemencic v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2014

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