Land Trust Serv. Corp. v. Nationstar Mortg., LLC

Full title: LAND TRUST SERVICE CORPORATION AS TRUSTEE OF TRUST NO. 8SS DATED JULY 9…

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Dec 1, 2017

Case No. 5D16-3641 (Fla. Dist. Ct. App. Dec. 1, 2017)

Opinion

Case No. 5D16-3641

12-01-2017

LAND TRUST SERVICE CORPORATION AS TRUSTEE OF TRUST NO. 8SS DATED JULY 9, 2013, Appellant, v. NATIONSTAR MORTGAGE, LLC, EDUARD SOLOKHIN AND NATALIYA SOLOKHINA, Appellees.

Gregory K. Mausser, of The Law Office of Gregory K. Mausser, PA, Sanford, for Appellant. Nancy M. Wallace, of Akerman LLP, Tallahassee, William P. Heller, of Akerman LLP, Fort Lauderdale, and Eric M. Levine, of Akerman LLP, West Palm Beach, for Appellee Nationstar Mortgage, LLC. No Appearance for other Appellees.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Flagler County, Scott C. Dupont, Judge. Gregory K. Mausser, of The Law Office of Gregory K. Mausser, PA, Sanford, for Appellant. Nancy M. Wallace, of Akerman LLP, Tallahassee, William P. Heller, of Akerman LLP, Fort Lauderdale, and Eric M. Levine, of Akerman LLP, West Palm Beach, for Appellee Nationstar Mortgage, LLC. No Appearance for other Appellees. PER CURIAM.

AFFIRMED. TORPY and EVANDER, JJ., concur.
PALMER, J., dissents, with opinion.

I respectfully dissent. In my view, the trial court improperly granted summary judgment for the lender in this mortgage foreclosure suit because genuine issues of material fact exist as shown by the discrepancy between the interest rate and monthly payment provided in the allegedly controlling documents attached to the complaint and the interest rate and monthly payment contained in the servicing records. See Petruska v. Smartparks-Silver Springs, Inc., 914 So. 2d 502, 504 (Fla. 5th DCA 2005).

Accordingly, I would reverse and remand for further proceedings.