Legal Opinion
Robert K. Walton v. Deutsche Bank National Trust Co., etc.
District Court of Appeal of Florida
Decided October 19, 2016No. 1D15-3761PublishedCited by 2 opinions
1Opinion of the CourtBilbrey, J.
Robert Walton appeals the final judgment of foreclosure in favor of Deutsche Bank National Trust Company, as trustee for Morgan Stanley ABS Capital I Inc., MSAC 2007-NC1 (Deutsche Bank), on grounds that Deutsche Bank’s evidence of its standing on the date the complaint was filed was insufficient to support the judgment. We agree and reverse.
On July 16, 2008, Deutsche Bank filed its complaint in two counts: Count I, to re-establish lost Note; and Count II for foreclosure on the mortgage securing that note. Attached to the complaint was a copy of the note, mortgage, undated and unsigned…
2Cases cited15 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
- Stone v. BankUnitedDistrict Court of Appeal of Florida · 2013
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3Cited by2 opinions
- Richard M. Rigby v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017
- Richard M. Rigby v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017