Legal Opinion
Schmidt v. Deutsche Bank
District Court of Appeal of Florida
Decided July 31, 2015No. 5D14-1616PublishedCited by 17 opinions
1Opinion of the CourtLambert, J.
Victoria Schmidt and Michael Messina (“Borrowers”) appeal a final judgment of foreclosure entered in favor of Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT4, Asset-Backed Certificates, Series 2006-OPT4, (“Bank”) after a nonjury trial. Concluding that Bank failed to establish that it had standing at the time it filed its foreclosure complaint, we reverse and remand for further proceedings.
*939Bank filed its complaint against Borrowers on January 8, 2010. It sought to foreclose on the mortgage and to reestablish a lost note. Bank…
2Cases cited9 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Shawn Boyd v. Wells Fargo BankDistrict Court of Appeal of Florida · 2014
- Verizzo v. Bank of New YorkDistrict Court of Appeal of Florida · 2010
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bolous v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2016
- Deutsche Bank National Trust Co. v. MarcianoDistrict Court of Appeal of Florida · 2016
- Gonzalez v. BAC Home Loans Servicing, L.P.District Court of Appeal of Florida · 2015
- Bowmar v. SunTrust Mortgage, Inc.District Court of Appeal of Florida · 2016
- Peters v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
12 more not listed; retrieve them via the Exa API.