Legal Opinion

Phan v. Deutsche Bank National Trust Company

District Court of Appeal of Florida

Decided February 26, 2016No. 2D14-3364PublishedCited by 14 opinions

1Opinion of the Court

-LUCAS,. Judge.

Ngoc Phán appeals the final judgment of foreclosure entered in favor of Deutsche Bank. Finding no error, we affirm the judgment in all respects. We write to address one of Deutsche Bank’s arguments for affirmance in order to explain the effect an agency relationship may have for proving standing in foreclosure proceedings.

I

Deutsche Bank initiated a foreclosure action against Ms. Phan on April 28, 2009, alleging she had failed to make her loan payments on her Pinellas County home since January 1, 2009, Ms, Phan denied the Bank’s allegations and raised, as an affirmative defense,…

2Cases cited22 opinions

  1. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  2. Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
  3. Utica National Bank & Trust Co. v. Associated Producers Co.Supreme Court of Oklahoma · 1980
  4. Bellaire Securities Corp. v. BrownSupreme Court of Florida · 1936
  5. Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013

17 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Steven J. Pincus v. American Traffic Solutions, Inc.Court of Appeals for the Eleventh Circuit · 2021
  2. Houk v. PennyMac Corp.District Court of Appeal of Florida · 2017
  3. Winchel v. PennyMac Corp.District Court of Appeal of Florida · 2017
  4. THOMAS E. JOHNSON AND KELI N. JOHNSON v. DEUTSCHE BANK TRUST COMPANYDistrict Court of Appeal of Florida · 2018
  5. Federal National Mortgage Association v. McFadyenDistrict Court of Appeal of Florida · 2016

9 more not listed; retrieve them via the Exa API.

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