Zarate v. Deutsche Bank National Trust Co.

Rafael Jack Zarate [“Zarate”], defendant below, appeals from the trial court’s denial, without prejudice, of his motion for relief from judgment and/or rehearing of the plaintiffs, Deutsche Bank National Trust Co., as Trustee [“Deutsche Bank”], motion for summary judgment in this residential foreclosure action. We affirm.

In 2005, Zarate executed and delivered a promissory note and mortgage to Wilmington Finance, a division of AIG Federal Savings Bank. 1 The mortgage was recorded in Miami-Dade County. Deutsche Bank now holds the note and mortgage. In December 2006, Zarate defaulted, and in…