Legal Opinion
Kyser v. Bank of America, N.A.
District Court of Appeal of Florida
Decided February 23, 2016No. 1D15-1027PublishedCited by 2 opinions
1Opinion of the CourtLewis, J.
Appellant, Prapapun Kyser, appeals the Final Judgment for Foreclosure entered in favor of Appellee, Bank of America, Ñ.A., arguing that Appellee lacked standing to bring the foreclosure action against her pursuant to a mortgage where Countrywide Home Loans, Inc. was the lender. We agree and, therefore, reverse.
We review the sufficiency of the evidence to prove standing to bring a foreclosure action de novo. Pennington v. Ocwen Loan Servicing, LLC, 151 So,3d 52, 53, (Fla. 1st DCA 2014). A plaintiff who is not the original lender may establish standing to foreclose by submitting a note with a…
2Cases cited10 opinions
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Natacha Peuguero and Angelo Peuguero v. Bank of America, N.A.District Court of Appeal of Florida · 2015
- Alva Sosa and Alex Amador v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2014
- Miguel Tilus, Alta Tilus, Rose A. Joaseus and Kesner Joaseus v. AS Michai LLCDistrict Court of Appeal of Florida · 2015
- Craig D. Lamb v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015
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3Cited by2 opinions
- Peters v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
- Frank Certo and Muriel Certo v. The Bank of New York Mellon F/K/A etc.District Court of Appeal of Florida · 2019