Kontos v. American Home Mortgage Servicing, Inc.

40 So. 3d 929, 2010 Fla. App. LEXIS 11698, 2010 WL 3120248

• Court: District Court of Appeal of Florida
• Decided: August 10, 2010
• Docket: 1D09-2803
• Status: Published

Opinion

PER CURIAM.

In this mortgage foreclosure action, ap-pellee, American Home Mortgage Servicing, Inc., obtained a final summary judgment. This judgment relies in part upon appellee’s allegation that it is the assignee of the original holders of the mortgage and note executed by appellant. As all parties acknowledge, however, the uncontested facts of record do not establish that appel-lee is presently entitled to foreclose because the record contains no evidence of any assignment or comparable transaction. Accordingly, we VACATE the final summary judgment and REMAND this case for further proceedings.

HAWKES, C.J., KAHN and WEBSTER, JJ., concur.