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Motion to dismiss foreclosure florida3/24/2024 The court admitted into evidence an excerpt of a Pooling and Servicing Agreement (“PSA”) that created the trust and showed the mortgagee’s predecessor as the trustee. At trial, the mortgagee’s witness testified that the note was placed into a trust with the predecessor in interest as the first trustee and that the mortgagee became the successor trustee in April 2006. The promissory note contained a special indorsement in favor of the mortgagee’s predecessor in interest, as trustee. ![]() Conley, et al. is available at: Link to Opinion.Ī mortgagee filed a foreclosure action. ![]() The District Court of Appeal of the State of Florida, Fourth District, recently affirmed the dismissal of a mortgage foreclosure action because the mortgagee failed to present competent, substantial evidence that it had standing to foreclose, due to lack of conformity between the name of the plaintiff mortgagee and the names in the transactional documentation by which the plaintiff mortgagee claimed an interest in the note at issue.Ī copy of the opinion in Bank of New York Mellon Trust Company, N.A. v. Dennis M.
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