Legal Opinion

Freemon v. Deutsche Bank Trust Co. Americas

District Court of Appeal of Florida

Decided November 10, 2010No. 4D09-4275PublishedCited by 26 opinions

1Opinion of the CourtWarner, J.

After failing to answer the appellee’s complaint to foreclose the mortgage on her home and having a default judgment of foreclosure rendered, appellant moved for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b). She claimed that the affidavit of indebtedness attesting to the amounts due on the mortgage and note was not made on the personal knowledge of the affiant. The trial court denied relief, and we affirm.

In November 2007, Deutsche Bank brought a foreclosure action against the homeowner, Veldrin Freemon, and others with a potential interest in the property,…

2Cases cited5 opinions

  1. Tillman v. StateSupreme Court of Florida · 1985
  2. Flemenbaum v. FlemenbaumDistrict Court of Appeal of Florida · 1994
  3. JJK INTERNATIONAL, INC. v. ShivbaranDistrict Court of Appeal of Florida · 2008
  4. Hembd v. DauriaDistrict Court of Appeal of Florida · 2003
  5. Coleman (Parent) Holdings v. Morgan Stanley & Co., Inc.District Court of Appeal of Florida · 2009

3Cited by26 opinions

  1. Phadael v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2012
  2. Cottrell v. Taylor, Bean & Whitaker Mortgage Corp.District Court of Appeal of Florida · 2016
  3. Tikhomirov v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017
  4. Suntrust Bank v. PuleoDistrict Court of Appeal of Florida · 2011
  5. U.S. Bank National Ass'n v. PaizDistrict Court of Appeal of Florida · 2011

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