Legal Opinion

Deutsche Bank National Trust Co. v. Kummer

District Court of Appeal of Florida

Decided July 1, 2016No. 2D15-3812PublishedCited by 17 opinions

1Opinion of the Court

LUCAS, Judge.

Deutsche Bank National Trust Company (Deutsche Bank), as Trustee for Harbor-view Mortgage Loan Trust 2006-8 (the trust), appeals the circuit court’s involun tary dismissal of its foreclosure complaint against Karl Kummer. Because the court erroneously rendered credibility determinations throughout its order and improvidently dismissed Deutsche Bank’s complaint, we reverse the circuit court’s order.

Mr. Kummer executed a promissory note and mortgage on his condominium in connection -with a $115,500 loan he obtained from BankUnited FSB on February 13, 2006. Following his default on…

2Cases cited5 opinions

  1. Day v. AminiDistrict Court of Appeal of Florida · 1989
  2. Allard v. Al-Nayem International, Inc.District Court of Appeal of Florida · 2011
  3. Capital Media, Inc. v. HaaseDistrict Court of Appeal of Florida · 1994
  4. Rodgers v. StateSupreme Court of Florida · 2013
  5. Advercolor Press, Inc. v. Graphic Sales Innovators, Inc.District Court of Appeal of Florida · 1975

3Cited by17 opinions

  1. PROVIDENT FUNDING ASSOCIATES, L. P. v. M D T R, AS TRUSTEEDistrict Court of Appeal of Florida · 2018
  2. MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
  3. Partridge v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2017
  4. HSBC Bank USA, National Ass'n v. BusetDistrict Court of Appeal of Florida · 2017
  5. Nationstar Mortgage, LLC v. U.N. Kee WingDistrict Court of Appeal of Florida · 2017

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