Legal Opinion

Caballero v. U.S. Bank National Association

District Court of Appeal of Florida

Decided April 20, 2016No. 2D15-266PublishedCited by 5 opinions

1Opinion of the Court

KHOUZAM, Judge.

‘ Omar T. Caballero and Audrey K. Caballero appeal the final summary judgment of foreclosure entered in favor of U.S. Bank National Association as Trustee for RASC 2006-EMX7. The Caballeros argue that U.S. Bank failed to prove that it had standing to foreclose because it failed to show that the note was validly transferred to it. We agree that, on the record before us, there was insufficient evidence to show U.S. Bank’s standing. Therefore, we must reverse and remand for further proceedings. We decline to comment on the remaining issues raised by the Caballeros.

U.S. Bank filed…

2Cases cited4 opinions

  1. Craig D. Lamb v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015
  2. Taoufiq Seffar v. Residential Credit Solutions, Inc.District Court of Appeal of Florida · 2015
  3. Isaac v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2011
  4. Fair v. KaufmanDistrict Court of Appeal of Florida · 1994

3Cited by5 opinions

  1. Houk v. PennyMac Corp.District Court of Appeal of Florida · 2017
  2. THOMAS E. JOHNSON AND KELI N. JOHNSON v. DEUTSCHE BANK TRUST COMPANYDistrict Court of Appeal of Florida · 2018
  3. Mathis v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2017
  4. Verizzo v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
  5. U.S. BANK NATIONAL ASSOC., ETC v. JEAN KACHIKDistrict Court of Appeal of Florida · 2017

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