Legal Opinion
OneWest Bank, FSB v. Jose Nunez
District Court of Appeal of Florida
Decided March 2, 2016No. 4D13-4817PublishedCited by 5 opinions
1Opinion of the Court
CORRECTED OPINION
WARNER, J.
OneWest Bank appeals the involuntary dismissal of its foreclosure action. The court entered the dismissal because it found that the promissory note secured by the mortgage was not a negotiable instrument. We conclude, however, that the note was negotiable and reverse the dismissal.
Appellees Jose and Jessica Nunez, and Felipa Delrio, executed an adjustable rate note to America’s Wholesale Lender, together with a mortgage. The note and mortgage were assigned several times, the last of which was to OneWest. The appel-lees defaulted, and OneWest filed a complaint to…
2Cases cited4 opinions
- Deutsche Bank Natl. Trust Co. v. NajarOhio Court of Appeals · 2013
- State v. Family Bank of HallandaleDistrict Court of Appeal of Florida · 1995
- Holly Hill Acres Ltd. v. Charter Bk. of GainesvilleDistrict Court of Appeal of Florida · 1975
- Means v. ClardyMissouri Court of Appeals · 1987
3Cited by5 opinions
- HSBC Bank USA v. BusetDistrict Court of Appeal of Florida · 2018
- Chuchian v. Situs Investments, LLCDistrict Court of Appeal of Florida · 2017
- Angie Tapia F/K/A Angie Flockhart v. Collins Asset Group, LLC, as Successor in Interest to Primelending, a Plainscapital Company, Texas Court of Appeals, 2nd District (Fort Worth)2022
- U.S. BANK NATIONAL ASSOCIATION, etc. v. STEVEN D. GROBDistrict Court of Appeal of Florida · 2022
- U.S. BANK NATIONAL ASSOCIATION, etc. v. STEVEN D. GROBDistrict Court of Appeal of Florida · 2022