FELTUS v. U.S. BANK NAT. ASS'N

No. 2D10-3727.

80 So.3d 375 (2012)

Julia FELTUS, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee of Mastr Adjustable Rate Mortgages Trust 2007-3, Appellees.

District Court of Appeal of Florida, Second District.

January 27, 2012.


Attorney(s) appearing for the Case

Jacqulyn Mack of The Mack Law Firm, Englewood, for Appellant.

Roy A. Diaz and Diana B. Matson of Smith, Hiatt & Diaz, P.A., Ft. Lauderdale for Appellee.


WHATLEY, Judge.

Julia Feltus appeals a final judgment of foreclosure in favor of U.S. Bank National Association, as Trustee of Mastr Adjustable Rate Mortgages Trust 2007-3 entered upon U.S. Bank's motion for summary judgment. We reverse because U.S. Bank failed to show conclusively the absence of a genuine issue of material fact and that it was entitled to foreclosure as a matter of law.

On August 24, 2009, U.S. Bank filed an unverified complaint seeking to...

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