Legal Opinion
Cutler v. U.S. Bank National Ass'n
District Court of Appeal of Florida
Decided September 21, 2012No. 2D10-5709PublishedCited by 6 opinions
1Opinion of the Court
DAVIS, Judge.
Thomas W. Cutler and Ann Cutler challenge the final summary judgment entered in favor of U.S. Bank National Association in U.S. Bank’s mortgage foreclosure action against them. Because a genuine issue of material fact remains with regard to whether U.S. Bank was the proper holder of the note, we reverse and remand for further proceedings.
On September 22, 2008, U.S. Bank filed a two-count complaint against the Cutlers seeking to foreclose their mortgage and to establish the lost, destroyed, or stolen note.1 Attached to the complaint was a *225copy of the mortgage that listed BNC…
2Cases cited8 opinions
- Holl v. TalcottSupreme Court of Florida · 1966
- Johns, Et Ux. v. GillianSupreme Court of Florida · 1938
- Mortgage Electronic Registration v. AzizeDistrict Court of Appeal of Florida · 2007
- WM SPECIALTY MORTG., LLC v. SalomonDistrict Court of Appeal of Florida · 2004
- Country Place Community Ass'n v. J.P. Morgan Mortgage Acquisition Corp.District Court of Appeal of Florida · 2010
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
- Sorrell v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
- Johnson v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2017
- Laura T. Hepworth and Michael E. Hepworth v. Wells Fargo Bank, N.A., etc.District Court of Appeal of Florida · 2015
- Walsh v. Bank of New York Mellon TrustDistrict Court of Appeal of Florida · 2017
1 more not listed; retrieve them via the Exa API.