US BANK NAT. ASS'N v. Taylor, No. 3D09-694.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | RAMIREZ, C.J., GERSTEN and SUAREZ, JJ |
| Citation | 30 So.3d 530 |
| Parties | U.S. BANK NATIONAL ASSOCIATION, as trustee, on behalf of the holders of the Home Equity Asset Equity Pass-Through Certificates, Series 2005-2, Appellant, v. David TAYLOR, a/k/a David M. Taylor, et al., Appellees. |
| Docket Number | No. 3D09-694. |
| Decision Date | 10 February 2010 |
U.S. BANK NATIONAL ASSOCIATION, as trustee, on behalf of the holders of the Home Equity Asset Equity Pass-Through Certificates, Series 2005-2, Appellant,
v.
David TAYLOR, a/k/a David M. Taylor, et al., Appellees.
No. 3D09-694.
District Court of Appeal of Florida, Third District.
February 10, 2010.
Lapin & Leichtling and Jonathan R. Rosenn and Jeffrey S. Lapin, for appellant.
John L. Penson, Bay Harbor Islands, for appellees.
Before RAMIREZ, C.J., GERSTEN and SUAREZ, JJ.
SUAREZ, J.
U.S. Bank National Association ("U.S. Bank") appeals a non-final order granting
a post-judgment motion to intervene. After final judgment of foreclosure and sale of property to U.S. Bank, the owner of the first mortgage and note, the trial court granted Northview Equities, LLC's ("Northview") motion to intervene and ordered the clerk of the court to issue title to Northview. We reverse the grant of Northview's motion to intervene and the direction to the clerk to issue the certificate of title to Northview, as Northview was assigned a second mortgage and not the first mortgage, which was owned by U.S. Bank.
This case arises out of a residential foreclosure of a first mortgage brought by U.S. Bank, the owner of the note and first mortgage. The first mortgage referenced a note in the amount of $518,000.00 and an identification number ending in 6895. U.S. Bank's loan servicer executed a second mortgage, which stated that it was "subordinate to an existing first lien of record" and was referenced by an identification number ending in 6903. U.S. Bank obtained a final judgment of foreclosure against the borrower, David Taylor, based upon the note and first mortgage. The second mortgage was assigned to Asset Management Holdings, Inc. ("Asset"), and referenced the identification number ending in 6903. Asset then assigned the same mortgage to Northview.1 Northview claimed title to the property based on the fact that, when U.S. Bank's loan servicer assigned the second mortgage to Asset, although the assignment itself referenced the correct identification number of the second mortgage, 6903, and the second mortgage stated that it was "subordinate to an existing first lien of record," the assignment was erroneously filled out by incorrectly substituting the Monroe County official records book and page number of the first mortgage instead of the correct second mortgage book and page number. Asset's execution of the assignment, referencing the incorrect book and page number of the first mortgage, to Northview is the basis of Northview's claim.
After the property was foreclosed upon, the owner of the first mortgage, U.S. Bank, bought the property at the foreclosure sale. Almost eight months after final judgment of foreclosure had been entered in favor of U.S. Bank and...
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LPP Mortgage Ltd. v. Tucker, No. 3D09-161.
...An assignee of a mortgage acquires the rights and benefits which are available to the assignor. See, e.g., U.S. Nat'l Assoc. v. Taylor, 30 So.3d 530, 532 (Fla. 3d DCA 2010). This includes the benefit of the statute of limitations applicable to the assignor's foreclosure action. See UMLIC VP......
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Ortega v. ENGINEERING SYSTEMS TECHNOLOGY, No. 3D08-1607.
...the plaintiff bears the burden of proof that a violation of the statute occurred and that such violation was a substantial factor in the 30 So.3d 530 employer's decision in this case. See Russell, 887 So.2d at Reversed and remanded for further proceedings. -------- Notes: 1 The statute read......
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LPP Mortgage Ltd. v. Tucker, No. 3D09-161.
...An assignee of a mortgage acquires the rights and benefits which are available to the assignor. See, e.g., U.S. Nat'l Assoc. v. Taylor, 30 So.3d 530, 532 (Fla. 3d DCA 2010). This includes the benefit of the statute of limitations applicable to the assignor's foreclosure action. See UMLIC VP......
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Ortega v. ENGINEERING SYSTEMS TECHNOLOGY, No. 3D08-1607.
...the plaintiff bears the burden of proof that a violation of the statute occurred and that such violation was a substantial factor in the 30 So.3d 530 employer's decision in this case. See Russell, 887 So.2d at Reversed and remanded for further proceedings. -------- Notes: 1 The statute read......