Legal Opinion · Dissent

Vargas v. Deutsche Bank National Trust Co.

District Court of Appeal of Florida

Decided November 28, 2012No. 3D11-554Published

1DissentRothenberg, J.

The defendants, Rogelio Vargas, et al. (collectively, “the Vargases”), appeal from an order overruling exceptions and ratifying the general magistrate’s report and recommendation. Based on the following, I would reverse and remand. I, therefore, respectfully dissent from the majority opinion.

The Vargases have lived in their home since 1971, over forty years. On July 28, 2006, they borrowed $282,000 from First Financial Services, LLC, and executed a mortgage and note securing the payment of the loan, which are currently owned by Deutsche Bank National Trust Co. *1170(“Deutsche Bank”). On December…

2Cases cited2 opinions

  1. Garcia v. GarciaDistrict Court of Appeal of Florida · 1999
  2. Ferraro v. FerraroDistrict Court of Appeal of Florida · 2007

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