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Deutsche Bank Nat'l Trust Co. v. Dowd

District Court of Appeal of Florida, Fourth District.
Mar 15, 2017
225 So. 3d 229 (Fla. Dist. Ct. App. 2017)

Opinion

No. 4D16–588

03-15-2017

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee FOR FREMONT HOME LOAN TRUST 2006–3, ASSET–BACKED CERTIFICATES, SERIES 2006–3, Appellant, v. Lisa Ann DOWD a/k/a Lisa A. Dowd, Appellee.

Sara F. Holladay–Tobias and C.H. Houston, III of McGuireWoods LLP, Jacksonville, for appellant. Evan M. Rosen of the Law Offices of Evan M. Rosen, P.A., Fort Lauderdale, for appellee.


Sara F. Holladay–Tobias and C.H. Houston, III of McGuireWoods LLP, Jacksonville, for appellant.

Evan M. Rosen of the Law Offices of Evan M. Rosen, P.A., Fort Lauderdale, for appellee.

Per Curiam.

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.

Ciklin, C.J., Damoorgian and Gerber, JJ., concur.


Summaries of

Deutsche Bank Nat'l Trust Co. v. Dowd

District Court of Appeal of Florida, Fourth District.
Mar 15, 2017
225 So. 3d 229 (Fla. Dist. Ct. App. 2017)
Case details for

Deutsche Bank Nat'l Trust Co. v. Dowd

Case Details

Full title:DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee FOR FREMONT HOME LOAN…

Court:District Court of Appeal of Florida, Fourth District.

Date published: Mar 15, 2017

Citations

225 So. 3d 229 (Fla. Dist. Ct. App. 2017)