EVERGRENE PARTNERS, INC. v. CITIBANK, N.A.

No. 4D13-2236.

143 So.3d 954 (2014)

EVERGRENE PARTNERS, INC., Appellant, v. CITIBANK, N.A., as Trustee, JPMorgan Clearing Corp., as Successor in Interest to Bear Stearns Residential Mortgage Corporation, JPMorgan Chase & Co., and Mortgage Electronic Registration Systems, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 27, 2014.


Attorney(s) appearing for the Case

Richard E. Retamar of Retamar & Millian, P.A., Deerfield Beach, for appellant.

Catherine C. Grieve and Alejandro M. Cura of Rivero Mestre LLP, Miami, for appellees.


WARNER, J.

Appellant, Evergrene Partners, challenges the dismissal of its complaint to cancel two mortgages held by appellee, Citibank, on property owned by Evergrene. While appellant alleged that the statute of limitations had run on any right to foreclose on the mortgages, thus requiring the cancellation of the mortgages, the trial court disagreed. We agree with the trial court that appellant is not entitled to the cancellation of the mortgages, because the statute...

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