Legal Opinion
Susan Elman and Bruce Elman v. U.S. Bank, N.A.
District Court of Appeal of Florida
Decided April 6, 2016No. 4D14-2520PublishedCited by 3 opinions
1Opinion of the CourtMay, J.
The borrowers appeal a final judgment of foreclosure. They argue the trial court erred in entering the judgment because U.S. Bank (“bank”) failed to prove standing. We agree and reverse.
The borrowers executed a note and mortgage with Pinnacle Financial Corporation (“Pinnacle”). The borrowers defaulted on February 1, 2009. Ón May 11, 2009, the bank filed a foreclosure complaint seeking reformation of the warranty deed and mortgage, foreclosure, and reestablishment of the lost note. Its amended complaint dropped the count to reestablish the note, and had a copy of the note attached to it…
2Cases cited7 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
- Donna Murray and Marc Murray v. HSBC Bank USADistrict Court of Appeal of Florida · 2015
- Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- ROBERTO VIEIRA and SHAWN D. VIEIRA v. PENNYMAC CORP.District Court of Appeal of Florida · 2018
- DYCK-O'NEAL, INC. v. RUDOLPH HERMANDistrict Court of Appeal of Florida · 2020
- Susan Elman and Bruce Elman v. U.S. Bank, N.A.District Court of Appeal of Florida · 2016