Legal Opinion
Frederic Monnot v. U.S. Bank, National Association
District Court of Appeal of Florida
Decided February 24, 2016No. 4D14-2527PublishedCited by 1 opinion
1Opinion of the CourtMay, J.
A borrower appeals a final judgment of foreclosure. He argues the court erred in entering the judgment because U.S. Bank, N.A., as Trustee relating to Chevy Chase Funding, LLC, Mortgage Backed' Certificates Series 2007-2 (“bank”) failed to prove standing, and also erred in dismissing his counterclaim alleging a Truth in Lending Act (“TILA”) 1 violation. We agree and reverse.
The borrower, and Chevy Chase Bank, F.S.B. (“Chevy Chase Bank”) executed a note and mortgage. The note provided that the annual interest rate of 8.750% may vary, but could not exceed 19.900%. The initial monthly payment…
2Cases cited12 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Allie v. IonataSupreme Court of Florida · 1987
- Beach v. Great Western BankSupreme Court of Florida · 1997
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
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3Cited by1 opinion
- DANIEL LEWIS and ROSANNA LEWIS v. US BANK NATIONAL ASSOC., ETC.District Court of Appeal of Florida · 2020