188 So.3d 46 (Fla.App. 4 Dist. 2016), 4D14-815, Lewis v. U.S. Bank. N.A.
|Citation:||188 So.3d 46, 41 Fla.L.Weekly D 601|
|Opinion Judge:||Per Curiam.|
|Party Name:||SHARLENE HAMPTON LEWIS, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Registered Holders of ABFC 2007-WMC 1 Trust, Asset-Backed Certificates, Series 2007-WMC1, Appellee|
|Attorney:||Bruce Jacobs, Court E. Keeley, Amida U. Frey, and Anna C. Morales of Jacobs Keeley, PLLC, Miami, for appellant. Diana B. Matson of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Fort Lauderdale, for appellee.|
|Judge Panel:||GROSS, GERBER and KLINGENSMITH, JJ., concur.|
|Case Date:||March 09, 2016|
|Court:||Florida Court of Appeals|
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey E. Streitfeld, Judge; L.T. Case No. CACE-08-057939 (11).
Bruce Jacobs, Court E. Keeley, Amida U. Frey, and Anna C. Morales of Jacobs Keeley, PLLC, Miami, for appellant.
Diana B. Matson of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Fort Lauderdale, for appellee.
GROSS, GERBER and KLINGENSMITH, JJ., concur.
ON MOTION FOR REHEARING
We grant appellant's motion for rehearing, withdraw our per curiam affirmance, and enter the following opinion.
In 2008, appellee bank filed a foreclosure action and included a count seeking to reestablish a lost note. No copy of the original note was attached to the complaint. The case went to trial in 2014. The endorsements on an allonge to the note were undated and the bank's witness could not testify when the endorsements were placed on the allonge. The bank's reliance on a pooling and servicing agreement was insufficient to establish...
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