Legal Opinion
Alva Sosa and Alex Amador v. U.S. Bank National Association
District Court of Appeal of Florida
Decided December 10, 2014No. 4D13-1657PublishedCited by 25 opinions
1Opinion of the CourtStevenson, J.
Alva Sosa and Alex Amador (“Homeowners”) appeal from a final judgment of foreclosure. U.S. Bank National Association (“Bank”) is the appellee. Finding the trial court erred in determining Bank had standing to initiate the foreclosure action, we reverse.
Facts
Bank filed its foreclosure complaint in November 2008. It attached to this complaint a copy of the mortgage but not a copy of the note, as Bank was originally seeking to enforce a lost note. Homeowners answered and raised lack of standing as an affirmative defense. The case proceeded to trial where, through the testimony of Bank’s one…
2Cases cited4 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
- Morton's of Chicago, Inc. v. LiraDistrict Court of Appeal of Florida · 2010
3Cited by25 opinions
- Gorel v. Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Craig D. Lamb v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015
- Susan Lloyd and James Lloyd v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Andrew Tremblay, Heidi Tremblay and Mary Tremblay v. U.S. Bank, N.A.District Court of Appeal of Florida · 2015
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