Legal Opinion
Bennett v. Deutsche Bank National Trust Co.
District Court of Appeal of Florida
Decided October 9, 2013No. 4D12-2471PublishedCited by 11 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
2Per curiam
We grant appellee Deutsche Bank’s motion for rehearing, withdraw our opinion dated August 7, 2013, and substitute the following.
We affirm the summary final judgment of foreclosure because the borrowers failed to provide any evidence that overcame a statutory presumption that operated in favor of the bank.
Deutsche Bank filed a mortgage foreclosure action against Virgil and Lissette Bennett, alleging that it was “the current owner of or has the right to enforce the Note and Mortgage.” With the complaint, Deutsche Bank filed copies of the note ■with two allonges and the…
3Cases cited6 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Riggs v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2010
- Rigby v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
- Locke v. StuartDistrict Court of Appeal of Florida · 1959
- Best v. Education Affiliates, Inc.District Court of Appeal of Florida · 2012
1 more not listed; retrieve them via the Exa API.
4Cited by11 opinions
- Madura v. Bac Home Loans Servicing, LPCourt of Appeals for the Eleventh Circuit · 2014
- Barsan v. Trinity Fin. Servs., LLCDistrict Court of Appeal of Florida · 2018
- PMT NPL Financing v. Centurion SystemsDistrict Court of Appeal of Florida · 2018
- AMY B. SCHWARTZ and JAY F. SCHWARTZ v. BANK OF AMERICA, N.A., etc.District Court of Appeal of Florida · 2019
- AZRAN MIAMI 2 LLC v. US BANK TRUST, N.A., etc.District Court of Appeal of Florida · 2022
6 more not listed; retrieve them via the Exa API.