Legal Opinion

Miller v. Kondaur Capital Corp.

District Court of Appeal of Florida

Decided June 20, 2012No. 4D11-918PublishedCited by 10 opinions

1Opinion of the CourtWarner, J.

We affirm the order denying appellants’ motion for relief from final judgment of foreclosure. Appellants claim lack of standing. We have held, however, that *219standing may not be raised in a motion for relief from final judgment where no affirmative defense of lack of standing was raised in the original proceeding raising the issue. See, e.g., Phadael v. Deutsche Bank Trust Co. Americas, 83 So.3d 893, 895 (Fla. 4th DCA 2012); Beaulieu v. JPMorgan Chase Bank Nat’l Ass’n, 80 So.3d 365 (Fla. 4th DCA 2012). Nevertheless, in this case the complaint was filed by the original payee and mortgagee, who…

2Cases cited3 opinions

  1. Phadael v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2012
  2. Taylor v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2010
  3. Beaulieu v. JPMorgan Chase Bank, National Ass'nDistrict Court of Appeal of Florida · 2012

3Cited by10 opinions

  1. Gregory Sandefur v. RVS Capital, LLC, Rio Vista Saloon, LLC, and David ZwickDistrict Court of Appeal of Florida · 2016
  2. Nationstar Mortgage, LLC v. Bo ChanDistrict Court of Appeal of Florida · 2017
  3. Beacon Place of Coral Springs Condominium Association v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2016
  4. Carl J. Sierp v. JP Morgan Chase Bank, N.A.District Court of Appeal of Florida · 2016
  5. Gafoor Jaffer and Nina Jaffer v. Chase Home Finance, LLCDistrict Court of Appeal of Florida · 2015

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