Legal Opinion
Mazine v. M & I Bank
District Court of Appeal of Florida
Decided July 22, 2011No. 1D10-2127PublishedCited by 47 opinions
1Opinion of the CourtVan Nortwick, J.
Moshe Mazine and Jaacov Bouskila appeal an amended final judgment of mortgage foreclosure in favor of M & I Bank, *1131appellee. Because the documentary evidence necessary to establish the amount owed under the note and mortgage was admitted without proper foundation and it is undisputed that M & I Bank was not the holder of the mortgage and note, we reverse and remand for further proceedings.
The party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish standing to proceed with a foreclosure action. Servedio v. U.S. Bank Nat. Ass’n, 46 So.3d 1105…
2Cases cited7 opinions
- Yisrael v. StateSupreme Court of Florida · 2008
- Servedio v. US Bank National Ass'nDistrict Court of Appeal of Florida · 2010
- Forester v. Norman Roger Jewell & Brooks Intern., Inc.District Court of Appeal of Florida · 1992
- Taylor v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2010
- Philogene v. ABN Amro Mortgage Group Inc.District Court of Appeal of Florida · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Kristy S. Holt v. Calchas, LLCDistrict Court of Appeal of Florida · 2015
- Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
- Stone v. BankUnitedDistrict Court of Appeal of Florida · 2013
- Donna Murray and Marc Murray v. HSBC Bank USADistrict Court of Appeal of Florida · 2015
42 more not listed; retrieve them via the Exa API.