Legal Opinion
Bank of New York Mellon v. Stallbaum
District Court of Appeal of Florida
Decided December 1, 2017No. Case 5D16-3718PublishedCited by 3 opinions
1Opinion of the CourtOrfinger, J.
Bank of New York Mellon f/k/a Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt-A Trust, Etc. (“Bank”) appeals the trial court’s summary final judgment dismissing Bank’s foreclosure complaint based on the statute of limitations. We reverse.
In this case, the complaint, filed on March 3, 2015, alleged that the “Note and Mortgage are in default in that the payment due March 1, 2010 and all subsequent payments have not been made.” The court granted summary judgment in favor of the borrower,…
2Cases cited5 opinions
- & SC14-1266 & SC14-1305 Lewis Brooke Bartram v. U.S. Bank National Association, etc. & The Plantation at Ponte Vedra v. U.S. Bank National Association, etc. & Gideon M.G. Gratsiani v. U.S. Bank National Association, etc.Supreme Court of Florida · 2016
- Hicks v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2015
- Bank of New York Mellon Corp. v. AntonDistrict Court of Appeal of Florida · 2017
- Klebanoff v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017
- U.S. Bank, N.A. v. DiamondDistrict Court of Appeal of Florida · 2017
3Cited by3 opinions
- U.S. Bank v. WilsonDistrict Court of Appeal of Florida · 2018
- Deutsche Bank v. GreenDistrict Court of Appeal of Florida · 2018
- Deutsche Bank v. MillerDistrict Court of Appeal of Florida · 2018