Legal Opinion
Evergrene Partners, Inc. v. Citibank, N.A.
District Court of Appeal of Florida
Decided June 25, 2014No. 4D13-2236PublishedCited by 26 opinions
1Opinion of the CourtWarner, J.
Appellant, Evergrene Partners, challenges the dismissal of its complaint to cancel two mortgages held by appellee, Citibank, on property owned by Ever-grene. While appellant alleged that the statute of limitations had run on any right to foreclose on the mortgages, thus requiring the cancellation of the mortgages, the trial court disagreed. We agree with the trial court that appellant is not entitled to the cancellation of the mortgages, because the statute of limitations has not run on the enforcement of the mortgages.
In 2006, mortgagors executed two notes and mortgages on their property,…
2Cases cited6 opinions
- Singleton v. Greymar AssociatesSupreme Court of Florida · 2004
- U.S. Bank National Ass'n v. BartramDistrict Court of Appeal of Florida · 2014
- Kaan v. Wells Fargo Bank, N.A.District Court, S.D. Florida · 2013
- Star Funding Solutions, LLC v. KrondesDistrict Court of Appeal of Florida · 2012
- Froman v. KirlandDistrict Court of Appeal of Florida · 1999
1 more not listed; retrieve them via the Exa API.
3Cited by26 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
- Deutsche Bank Trust Company Americas, Etc. v. BeauvaisDistrict Court of Appeal of Florida · 2016
- Nationstar Mortgage, LLC v. BrownDistrict Court of Appeal of Florida · 2015
- BANK OF AMERICA, N.A. v. KENNETH H. GRAYBUSH and ROBIN B. GRAYBUSHDistrict Court of Appeal of Florida · 2018
- 2010-3 SFR Venture, LLC v. GarciaDistrict Court of Appeal of Florida · 2014
21 more not listed; retrieve them via the Exa API.