Hidden Ridge Condominium Homeowners v. Greentree Servicing, LLC

District Court of Appeal of Florida

Hidden Ridge Condominium Homeowners v. Greentree Servicing, LLC

167 So. 3d 483, 2015 Fla. App. LEXIS 8565, 2015 WL 3511227

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 2015

DocketNo. 5D14-2048

StatusPublished

Cited by3 cases

This text of 167 So. 3d 483 (Hidden Ridge Condominium Homeowners v. Greentree Servicing, LLC) 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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Hidden Ridge Condominium Homeowners v. Greentree Servicing, LLC, 167 So. 3d 483, 2015 Fla. App. LEXIS 8565, 2015 WL 3511227 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

We affirm the final judgment of foreclosure except to the extent it provides that Greentree Servicing, LLC’s mortgage is superior to Appellant’s lien. Quite simply, there was no competent evidence presented by either party that would establish which one had a superior interest. On remand, either party may request an evi-dentiary hearing to resolve this issue. Schroth v. Cape Coral Bank, 377 So.2d 50 (Fla. 2d DCA 1979).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

ORFINGER, PALMER and EVANDER, JJ., concur.

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PER CURIAM.

We affirm the final judgment of foreclosure except to the extent it provides that Greentree Servicing, LLC’s mortgage is superior to Appellant’s lien. Quite simply, there was no competent evidence presented by either party that would establish which one had a superior interest. On remand, either party may request an evi-dentiary hearing to resolve this issue. Schroth v. Cape Coral Bank, 377 So.2d 50 (Fla. 2d DCA 1979).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

ORFINGER, PALMER and EVANDER, JJ., concur.

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167 So. 3d 483, 2015 Fla. App. LEXIS 8565, 2015 WL 3511227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hidden-ridge-condominium-homeowners-v-greentree-servicing-llc-fladistctapp-2015.

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