Legal Opinion
GMAC Mortgage, LLC. v. Choengkroy
District Court of Appeal of Florida
Decided October 17, 2012No. 4D11-3531PublishedCited by 6 opinions
1Opinion of the CourtGross, J.
GMAC Mortgage, LLC, the plaintiff in a mortgage foreclosure action, timely appeals a final order by the trial judge dismissing its suit against the defendants for lack of standing. We reverse because the trial judge erred in dismissing the lawsuit without a hearing and in violation of due process principles.
As the assignee of a mortgage, GMAC brought a mortgage foreclosure suit against the defendants. GMAC’s amended complaint contained copies of the mortgage and promissory note. The defendants failed to file a response and the clerk entered a default upon GMAC’s motion.
GMAC moved for summary…
2Cases cited10 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Johns, Et Ux. v. GillianSupreme Court of Florida · 1938
- WM SPECIALTY MORTG., LLC v. SalomonDistrict Court of Appeal of Florida · 2004
- Verizzo v. Bank of New YorkDistrict Court of Appeal of Florida · 2010
- Lizio v. McCullomDistrict Court of Appeal of Florida · 2010
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3Cited by6 opinions
- Paul G. Matthews and Maryellen L. Matthews v. Federal National Mortgage AssociationDistrict Court of Appeal of Florida · 2015
- Susan Lloyd and James Lloyd v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Deutsche Bank National Trust Co. v. ApplewhiteDistrict Court of Appeal of Florida · 2017
- Mark Barnett and Yvette Barnett v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
- Phillips v. City of West Palm BeachDistrict Court of Appeal of Florida · 2014
1 more not listed; retrieve them via the Exa API.