Legal Opinion
Buckingham v. Bank of America, N.A.
District Court of Appeal of Florida
Decided October 25, 2017No. Case 2D15-5424PublishedCited by 2 opinions
1Opinion of the Court
NORTHCUTT, Judge.
Following a bench trial, Bank.of America, N.A., obtained a judgment foreclosing a mortgage on Nancy Lee Buckingham’s home, We reverse because the bank failed to prove that it had standing to foreclose.
The bank filed a complaint alleging that it was the holder of the note and mortgage in question and that Buckingham was in default because she had stopped making payments. The complaint was verified by Ocwen Loan Servicing, as servicer for .the bank, In her answer, Buckingham raised the. affirmative defense that the . bank lacked standing to sue on the note,
The only witness at…
2Cases cited6 opinions
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Phan v. Deutsche Bank National Trust CompanyDistrict Court of Appeal of Florida · 2016
- Fiorito v. JP Morgan Chase Bank, National Ass'nDistrict Court of Appeal of Florida · 2015
- DiGiovanni v. Deutsche Bank National Trust CompanyDistrict Court of Appeal of Florida · 2017
- Rosa v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2016
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3Cited by2 opinions
- Frank Certo and Muriel Certo v. The Bank of New York Mellon F/K/A etc.District Court of Appeal of Florida · 2019
- VINCE ARCURI v. H S B C BANK U S A, NATIONAL ASSOCIATION, AS TRUSTEEDistrict Court of Appeal of Florida · 2018