Legal Opinion

Correa v. U.S. Bank National Ass'n

District Court of Appeal of Florida

Decided August 9, 2013No. 2D12-2209PublishedCited by 31 opinions

1Opinion of the Court

SILBERMAN, Judge.

Tamara S. Correa seeks review of the final judgment of foreclosure entered in favor of U.S. Bank National Association. Correa argues that U.S. Bank failed to provide adequate notice of trial and failed to present sufficient evidence to reestablish the lost note. While Correa has waived the notice issue, we agree that U.S. Bank failed to meet its burden of proof to reestablish the lost note. Accordingly, we reverse.

In 2007, Indymac Bank filed a foreclosure complaint against Correa and others that also included a count to reestablish and enforce a lost note and mortgage.…

2Cases cited9 opinions

  1. Morton's of Chicago, Inc. v. LiraDistrict Court of Appeal of Florida · 2010
  2. Teca, Inc. v. WM-Tab, Inc.District Court of Appeal of Florida · 1999
  3. Beaumont v. BANK OF NEW YORK MELLONDistrict Court of Appeal of Florida · 2012
  4. Deakter v. MenendezDistrict Court of Appeal of Florida · 2002
  5. Zumpf v. Countrywide Home Loans, Inc.District Court of Appeal of Florida · 2010

4 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  2. Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
  3. Gawker Media, LLC v. BolleaDistrict Court of Appeal of Florida · 2015
  4. Creadon v. U.S. Bank N.A.District Court of Appeal of Florida · 2015
  5. Andrew Tremblay, Heidi Tremblay and Mary Tremblay v. U.S. Bank, N.A.District Court of Appeal of Florida · 2015

26 more not listed; retrieve them via the Exa API.

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