Legal Opinion

Kaminik v. Countrywide Home Loans, Inc.

District Court of Appeal of Florida

Decided July 6, 2011No. 4D09-4861PublishedCited by 2 opinions

1Per curiam

We affirm in part the summary final judgment of foreclosure. The record demonstrates that appellee tendered the original promissory note to the trial court, which contained a special indorsement in its favor. See Servedio v. U.S. Bank Nat’l Ass’n, 46 So.3d 1105, 1106-07 (Fla. 4th DCA 2010); Riggs v. Aurora Loan Servs., LLC, 36 So.3d 932, 933 (Fla. 4th DCA 2010); Jacobs v. Becks, 355 So.2d 1241, 1242 (Fla. 1st DCA 1978). As to the defense of unclean hands, no fact in the record and nothing in the briefing supports that defense. See Tacher v. Helm Bank, 50 So.3d 1239 (Fla. 4th DCA 2011); S.…

2Cases cited5 opinions

  1. Riggs v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2010
  2. Servedio v. US Bank National Ass'nDistrict Court of Appeal of Florida · 2010
  3. Jacobs v. BecksDistrict Court of Appeal of Florida · 1978
  4. Tacher v. Helm BankDistrict Court of Appeal of Florida · 2011
  5. Southern Waste Systems, LLC v. J & a Transfer, Inc.District Court of Appeal of Florida · 2004

3Cited by2 opinions

  1. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  2. Taylor v. Bayview Loan Servicing, LLCDistrict Court of Appeal of Florida · 2011

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