Legal Opinion
Leal v. Deutsche Bank National Trust Co.
District Court of Appeal of Florida
Decided November 12, 2009No. 3D09-821PublishedCited by 7 opinions
1Opinion of the CourtCope, J.
This is an appeal of a summary judgment in a mortgage foreclosure action. We remand for further proceedings.
Deutsche Bank National Trust Company, as trustee, filed a complaint seeking to reestablish a lost promissory note and foreclose a mortgage on a home in Miami-Dade County. According to the complaint, the loan was made in 2006 and went into default on August 1, 2008. The borrowers filed a pro se answer.
After the case had been pending for two months, the borrowers obtained counsel who filed an answer and affirmative defenses. The Bank filed a motion for summary judgment and the borrowers…
2Cases cited4 opinions
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- Maung v. National Stamping, LLCDistrict Court of Appeal of Florida · 2003
- Southern Waste Systems, LLC v. J & a Transfer, Inc.District Court of Appeal of Florida · 2004
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- Servedio v. US Bank National Ass'nDistrict Court of Appeal of Florida · 2010
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- Aurora Loan Services LLC v. SenchukDistrict Court of Appeal of Florida · 2010
- May v. HCA Health Services of Florida, Inc.District Court of Appeal of Florida · 2015
- Seale v. Regions BankDistrict Court of Appeal of Florida · 2013
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