Legal Opinion
Beaulieu v. JPMorgan Chase Bank, National Ass'n
District Court of Appeal of Florida
Decided January 11, 2012No. 4D10-5288PublishedCited by 11 opinions
1Opinion of the CourtWarner, J.
Appellant challenges the denial of her motion to vacate a final judgment of foreclosure. She claims that appellee had no “constitutional standing” to bring the suit because appellee had not proved that it was duly assigned the mortgage note prior to the suit being filed. Because appellant defaulted, she cannot contest, as she tries to do in her post-judgment motion, the allegations of the complaint that the appel-lee was the owner and holder of the note and mortgage. See State Farm Mut. Auto. Ins. Co. v. Horkheimer, 814 So.2d 1069, 1072 (Fla. 4th DCA 2001) (“When a default is entered, the…
2Cases cited3 opinions
- State Street Bank and Trust Co. v. LordDistrict Court of Appeal of Florida · 2003
- Chemical Residential Mortgage v. RectorDistrict Court of Appeal of Florida · 1998
- Commonwealth Land Title Ins. Co. v. FreemanDistrict Court of Appeal of Florida · 2004
3Cited by11 opinions
- Phadael v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2012
- Gafoor Jaffer and Nina Jaffer v. Chase Home Finance, LLCDistrict Court of Appeal of Florida · 2015
- Dage v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
- Miller v. Kondaur Capital Corp.District Court of Appeal of Florida · 2012
- Alonso v. Bank of New York Mellon Trust Co.District Court of Appeal of Florida · 2012
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