Legal Opinion
PHH Mortg. Corp. v. Parish
District Court of Appeal of Florida
Decided January 26, 2018No. Case No. 2D17–561PublishedCited by 1 opinion
1Opinion of the Court
CRENSHAW, Judge.
PHH Mortgage Corporation appeals the trial court's order granting the Parishes' motion for involuntary dismissal of PHH's foreclosure action. Because the trial court erred in concluding that *339Bartram v. U.S. Bank National Ass'n, 211 So.3d 1009 (Fla. 2016), required dismissal of PHH's complaint even though PHH alleged a continuing state of default, we reverse.
In the June 2014 foreclosure complaint, PHH alleged that the Parishes defaulted by failing to make the August 1, 2009, payment "and all subsequent payments." Apparently, PHH had previously attempted to foreclose on the…
2Cases cited4 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
- Desylvester v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
- Deutsche Bank National Trust Company v. QuinionDistrict Court of Appeal of Florida · 2016
- The Huntington National Bank v. WattersDistrict Court of Appeal of Florida · 2017
3Cited by1 opinion
- WELLS FARGO BANK, N. A., AS TRUSTEE v. RANDOLPH v. COOKDistrict Court of Appeal of Florida · 2019