Andrew Tremblay, Heidi Tremblay and Mary Tremblay v. U.S. Bank, N.A.
District Court of Appeal of Florida
1Per curiam
Andrew, Heidi and Mary Tremblay (“Homeowners”)' appeal a final judgment of foreclosure. We find merit in Homeowners’ argument that appellee, U.S. Bank, N.A. (“Bank”), lacked standing to foreclose when it filed its foreclosure complaint. Therefore, we reverse the final judgment and remand for entry of an order of involuntary dismissal. Our conclusion on Bank’s lack of standing renders moot Homeowners’ second issue on appeal.
Facts
In Bank’s unverified foreclosure complaint filed in July, 2009, it alleged it was the current owner and holder of the note and mortgage. In support, it attached copies…
2Cases cited9 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
- Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
- BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-JacquesDistrict Court of Appeal of Florida · 2010
- Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
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3Cited by11 opinions
- Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Mario A. Rodriguez and Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a America's Servicing CompanyDistrict Court of Appeal of Florida · 2015
- Federal National Mortgage Ass'n v. RafaeliDistrict Court of Appeal of Florida · 2017
- Luiz v. Lynx Asset Services, LLCDistrict Court of Appeal of Florida · 2016
- 6, Susie N. Kenney a/k/a Susie Kenney, Sea Oaks Property Owners Association, Inc., Sea Oats of Juno Beach Condominium Two Association, Mortgage Electronic Registration Systems, Inc.District Court of Appeal of Florida · 2015
6 more not listed; retrieve them via the Exa API.