Legal Opinion
Devries v. CitiMortgage Inc.
District Court of Appeal of Florida
Decided March 24, 2016No. 5D14-1887PublishedCited by 1 opinion
1Opinion of the CourtPalmer, J.
Otto and Brigitte Devries, the homeowners, timely appeal the final judgment of foreclosure entered by the trial court in favor of CitiMortgage. Determining that CitiMortgage failed-to prove its standing to foreclose, we reverse.
The proper party entitled to enforce a note and foreclose a mortgage is the- holder of the note,, a nonholder in possession who.has the rights of a holder, or a. person not in possession of a lost instrument who has the. right to re-establish the. note pursuant to section 673,3091, Florida Statutes. (2009), Gorel v. Bank of New York Mellon, 165 So.3d 44, 46 (Fla. 5th…
2Cases cited6 opinions
- Gorel v. Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Paul G. Matthews and Maryellen L. Matthews v. Federal National Mortgage AssociationDistrict Court of Appeal of Florida · 2015
- Susan Lloyd and James Lloyd v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- St. Clair v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2015
- Eagles Master Ass'n v. Bank of America, N.A.District Court of Appeal of Florida · 2015
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3Cited by1 opinion
- Kajaine Estates, LLC v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2016