Legal Opinion

American Home Mortgage Servicing, Inc. v. Bednarek

District Court of Appeal of Florida

Decided February 26, 2014No. 2D12-2099PublishedCited by 11 opinions

1Opinion of the Court

KELLY, Judge.

American Home Mortgage Servicing, Inc. (AHMSI),1 appeals a final order dismissing its foreclosure action against Lucy Bednarek for lack of standing. Because we conclude the trial judge erred in finding that AHMSI did not establish its standing to foreclose on the mortgage when it filed the complaint, we reverse.

On May 31, 2005, Ms. Bednarek executed a note and mortgage in favor of Ameri*1223can Brokers Conduit for the purchase of real property. Thereafter, the loan was sold to Deutsche Bank. On March BO, 2006, American Brokers Conduit assigned the mortgage to the bank’s servicing…

2Cases cited5 opinions

  1. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  2. Mazine v. M & I BankDistrict Court of Appeal of Florida · 2011
  3. BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-JacquesDistrict Court of Appeal of Florida · 2010
  4. Mortgage Electronic Registration v. AzizeDistrict Court of Appeal of Florida · 2007
  5. Stone v. BankUnitedDistrict Court of Appeal of Florida · 2013

3Cited by11 opinions

  1. Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
  2. Fiorito v. JP Morgan Chase Bank, National Ass'nDistrict Court of Appeal of Florida · 2015
  3. Eagles Master Ass'n v. Bank of America, N.A.District Court of Appeal of Florida · 2015
  4. Federal National Mortgage Association v. McFadyenDistrict Court of Appeal of Florida · 2016
  5. U.S. Bank National Association, etc. v. Richard Clarke a/k/a Richard C. Clarke, Paula Prinsen, Broward, a Political subdivision of the State of FloridaDistrict Court of Appeal of Florida · 2016

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