Legal Opinion

Bolous v. U.S. Bank National Ass'n

District Court of Appeal of Florida

Decided November 2, 2016No. 4D15-2608PublishedCited by 22 opinions

1Opinion of the CourtGerber, J.

The borrower appeals from the trial court’s final judgment of foreclosure in the bank’s favor. The borrower argues the evidence was insufficient to establish the bank’s standing as the owner or holder of the borrower’s note at the time the bank filed the original complaint. We disagree with the borrower’s argument and affirm.

We write to distinguish this case from Lewis v. U.S. Bank Nat’l Ass’n, 188 So.3d 46 (Fla. 4th DCA 2016), where we held, without a detailed explanation, that a bank’s reliance on a pooling and servicing agreement was insufficient to establish the bank’s standing to bring…

2Cases cited4 opinions

  1. Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
  2. Schmidt v. Deutsche BankDistrict Court of Appeal of Florida · 2015
  3. Deutsche Bank National Trust Co. v. MarcianoDistrict Court of Appeal of Florida · 2016
  4. Sharlene Hampton Lewis v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016

3Cited by22 opinions

  1. Madl v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
  2. JUSTIN FRIEDLE and SANDRA FRIEDLE v. THE BANK OF NEW YORK MELLON, etc.District Court of Appeal of Florida · 2017
  3. CitiBank, N.A. v. ManningDistrict Court of Appeal of Florida · 2017
  4. DEUTSCHE BANK TRUST COMPANY AMERICAS, etc. v. CHRISTOPHER HARRIS a/k/a CHRISTOPHER E. HARRISDistrict Court of Appeal of Florida · 2019
  5. Ashby v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017

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