Bayview Loan Servicing, LLC v. Hambleton

District Court of Appeal of Florida

Bayview Loan Servicing, LLC v. Hambleton

171 So. 3d 828, 2015 Fla. App. LEXIS 12418, 2015 WL 4925888

CourtDistrict Court of Appeal of Florida

DecidedAugust 19, 2015

DocketNo. 1D14-1703

StatusPublished

This text of 171 So. 3d 828 (Bayview Loan Servicing, LLC v. Hambleton) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bayview Loan Servicing, LLC v. Hambleton, 171 So. 3d 828, 2015 Fla. App. LEXIS 12418, 2015 WL 4925888 (Fla. Ct. App. 2015).

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Opinion

KELSEY, J.

We have for review a final judgment denying with prejudice appellant’s attempt to foreclose on the subject mortgage. We conclude to the contrary, that appellant established as a matter-of law that it had standing to foreclose because it owned and held the note. See Riggs v. Aurora Loan Seros., LLC, 36 So.3d 932, 933 (Fla. 4th DCA 2010) (on rehearing granted). The condominium association’s earlier foreclosure proceeding, to which appellant was not a party, involved only the association’s assessments. As a matter of law, that proceeding did not extinguish appellant’s superior interest. U.S. Bank Nat’l. Ass’n v. Bevans, 138 So.3d 1185, 1187 (Fla. 3d DCA 2014). Accordingly, we reverse the final judgment in its entirety, and remand [829]*829for further proceedings on appellant’s foreclosure action.

THOMAS and MARSTILLER, JJ., concur.

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KELSEY, J.

We have for review a final judgment denying with prejudice appellant’s attempt to foreclose on the subject mortgage. We conclude to the contrary, that appellant established as a matter-of law that it had standing to foreclose because it owned and held the note. See Riggs v. Aurora Loan Seros., LLC, 36 So.3d 932, 933 (Fla. 4th DCA 2010) (on rehearing granted). The condominium association’s earlier foreclosure proceeding, to which appellant was not a party, involved only the association’s assessments. As a matter of law, that proceeding did not extinguish appellant’s superior interest. U.S. Bank Nat’l. Ass’n v. Bevans, 138 So.3d 1185, 1187 (Fla. 3d DCA 2014). Accordingly, we reverse the final judgment in its entirety, and remand [829]*829for further proceedings on appellant’s foreclosure action.

THOMAS and MARSTILLER, JJ., concur.

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Bluebook (online)

171 So. 3d 828, 2015 Fla. App. LEXIS 12418, 2015 WL 4925888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bayview-loan-servicing-llc-v-hambleton-fladistctapp-2015.

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