Legal Opinion
BCML Holding LLC v. Wilmington Trust, N.A.
District Court of Appeal of Florida
Decided September 24, 2015No. 3D14-1627PublishedCited by 3 opinions
1Opinion of the CourtEmas, J.
BCML Holding, LLC (“BCML”) appeals a final summary judgment in favor of Wilmington Trust, N.A. (“Wilmington”) on BCML’s counterclaim. For the reasons that follow, we affirm.
FACTS
On July 11, 2007, Gonzalo and Daniela Malesich (“Malesich”) executed a note and purchase money mortgage which conveyed an interest in a condominium unit at the Murano Grande on Miami Beach to MERS, the nominee of the lender, American Brokers Conduit (“ABC”). The mortgage instrument contained a provision in which Malesich “covenants the Borrower is lawfully seised of the estate hereby conveyed and has the right to…
2Cases cited17 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- Key West Wharf & Coal Co. v. PorterSupreme Court of Florida · 1912
- Trustees of Internal Improvement Fund v. LobeanSupreme Court of Florida · 1961
- Meyers v. American Oil Co.Mississippi Supreme Court · 1941
- U.S. Bank National Ass'n. v. BevansDistrict Court of Appeal of Florida · 2014
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3Cited by3 opinions
- Kebreau v. Bayview Loan Servicing, LLCDistrict Court of Appeal of Florida · 2017
- THE BANK OF NEW YORK MELLON, etc. v. FLORIDA KALANIT 770, LLCDistrict Court of Appeal of Florida · 2019
- MARIE CARMEN KEBREAU v. BAYVIEW LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2017