Legal Opinion
Tomlinson v. GMAC Mortgage, LLC
District Court of Appeal of Florida
Decided September 2, 2015No. 2D13-6030PublishedCited by 4 opinions
1Opinion of the Court
MORRIS, Judge.
William Tomlinson and William L. Crump (property owners) appeal a final judgment of foreclosure entered against them and in favor of GMAC Mortgage, LLC, after a nonjury trial. We reverse because GMAC did not demonstrate that it had standing at the time it filed its complaint.
In July 2007 GMAC filed a complaint for foreclosure, alleging that the mortgage was assigned to GMAC “by virtue of an assignment to be recorded” and that GMAC “owns and holds the [n]ote and mortgage.” The complaint also alleged a count to “enforce a lost, destroyed or stolen promissory note and [mjortgage”…
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
- Stone v. BankUnitedDistrict Court of Appeal of Florida · 2013
- Dufour v. StateSupreme Court of Florida · 2011
- Russell v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gonzalez v. BAC Home Loans Servicing, L.P.District Court of Appeal of Florida · 2015
- Peters v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
- Sorrell v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
- Chuchian v. Situs Investments, LLCDistrict Court of Appeal of Florida · 2017