Legal Opinion

Chase Manhattan Mortgage Corp. v. Santoro

District Court of Appeal of Florida

Decided September 14, 2005No. 4D04-4487Published

1Opinion of the CourtStone, J.

We quash the order of the trial court entered on Loy’s “Renewed Motion to Enforce and Plaintiffs Motion for Reconsideration.”

Six years ago, Chase Manhattan Mortgage Corporation (Chase) instituted a mortgage foreclosure against Loy and her former husband. In June 1999, Chase filed a motion to withdraw the note and mortgage, to voluntarily dismiss the action without prejudice, and to discharge the lis pendens. The Chase motion recited its receipt of a deed in lieu of foreclosure. The trial court, as requested, entered an order dismissing the foreclosure and ordering return of the note and…

2Cases cited3 opinions

  1. Paulucci v. General Dynamics Corp.Supreme Court of Florida · 2003
  2. MCR FUNDING v. CMG Funding Corp.District Court of Appeal of Florida · 2000
  3. EYE AND EAR SALES AND SERV. v. LamelaDistrict Court of Appeal of Florida · 1994

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