MDTR LLC v. Deutsche Bank National Trust Co.

MDTR LLC (“MDTR”) appeals the trial court’s entry of final judgment of foreclosure in favor of Deutsche Bank National Trust Company (“Bank”). MDTR argues that the trial court erred in entering final judgment without a trial, purportedly pursuant to section 702.10, Florida Statutes (2015), because MDTR timely interposed written defenses and properly requested trial on the issues of damages and priority of security positions. We agree. The final foreclosure judgment is reversed and the case remanded to the trial court for further proceedings.

Bank filed a foreclosure complaint against MDTR and…