Legal Opinion

Manuel C. Perez and Theresa Perez v. Deutsche Bank National Trust Company

District Court of Appeal of Florida

Decided August 19, 2015No. 4D13-4812PublishedCited by 8 opinions

1Opinion of the CourtLevine, J.

Appellants appeal a final judgment of foreclosure, arguing that the Bank lacked standing to foreclose. We agree that the Bank failed to prove that it had standing at the time it filed the complaint. Therefore, we reverse.

In August 2008, Deutsche Bank National Trust Company (“the Bank”) filed a complaint against appellants for mortgage foreclosure. After initiating the lawsuit, the Bank then filed a copy of the note, which listed American Brokers as the lender and contained an undated endorsement in blank. Appellants filed an answer and affirmative defenses, challenging the Bank’s standing.

Duri…

2Cases cited7 opinions

  1. Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
  2. Alva Sosa and Alex Amador v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2014
  3. Harvey v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2011
  4. Diana Jelic v. LaSalle Bank, National AssociationDistrict Court of Appeal of Florida · 2015
  5. Sherman Balch and Annmarie Balch v. LaSalle Bank N.A.District Court of Appeal of Florida · 2015

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

3Cited by8 opinions

  1. Fallon Rahima Jallali v. Christiana Trust, etc.District Court of Appeal of Florida · 2016
  2. Luiz v. Lynx Asset Services, LLCDistrict Court of Appeal of Florida · 2016
  3. Fallon Rahima Jallali v. Christiana Trust, etc.District Court of Appeal of Florida · 2016
  4. Robert K. Walton v. Deutsche Bank National Trust Co., etc.District Court of Appeal of Florida · 2016
  5. Sharlene Hampton Lewis v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016

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

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