Deutsche Bank National Trust Co. v. Dowd
This text of 225 So. 3d 229 (Deutsche Bank National Trust Co. v. Dowd) 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.
Opinion
On appeal from mortgage foreclosure proceedings, a bank challenges the trial court’s order involuntarily dismissing its case against a borrower based on its determination that the bank failed to prove its standing to foreclose. After reviewing the record, we determine the bank presented competent, substantial evidence that it possessed the blank-endorsed note at the time suit was filed and thereby demonstrated that it had standing to foreclose at the inception of the suit. See Bolous v. U.S. Bank Nat'l Ass’n, 41 Fla. L. Weekly D2448, 210 So.3d 691, 2016 WL 6476320 (Fla. 4th DCA Nov. 2, 2016); Deutsche Bank Nat’l Trust Co. v. Marciano, 190 So.3d 166 (Fla. 5th DCA 2016).
We therefore reverse and remand for reinstatement of the final judgment of foreclosure.
Reversed and remanded with instructions;
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
225 So. 3d 229, 2017 WL 1018520, 2017 Fla. App. LEXIS 3446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsche-bank-national-trust-co-v-dowd-fladistctapp-2017.