Legal Opinion

Diana Jelic v. Bac Home Loans Servicing, LP

District Court of Appeal of Florida

Decided November 4, 2015No. 4D14-516PublishedCited by 9 opinions

1Opinion of the CourtForst, J.

We again consider the question of standing to foreclose upon a mortgage. Diana Jelic (“Owner”) signed a mortgage and note in 2005. In 2008, she stopped making payments on the note. BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP (and since merged into Bank of America, N.A.) (“the Bank” when used collectively) initiated a foreclosure proceeding. Owner challenged the Bank’s standing to foreclose along with its compliance with contractual conditions precedent in the mortgage and note. For the reasons given below, we agree with Owner that the Bank did not properly…

2Cases cited5 opinions

  1. Alva Sosa and Alex Amador v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2014
  2. Miguel Tilus, Alta Tilus, Rose A. Joaseus and Kesner Joaseus v. AS Michai LLCDistrict Court of Appeal of Florida · 2015
  3. Craig D. Lamb v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015
  4. Bristol v. Wells Fargo Bank, National Ass'nDistrict Court of Appeal of Florida · 2014
  5. Henri C. LaFrance and Marie LaFrance v. US Bank NationalDistrict Court of Appeal of Florida · 2014

3Cited by9 opinions

  1. Peters v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
  2. US Bank, NA v. GlickenDistrict Court of Appeal of Florida · 2017
  3. Chuchian v. Situs Investments, LLCDistrict Court of Appeal of Florida · 2017
  4. ROBERTO VIEIRA and SHAWN D. VIEIRA v. PENNYMAC CORP.District Court of Appeal of Florida · 2018
  5. Selva Adriana Calvo and Marcos Fabian Calvo v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2015

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