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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. BADRA

No. 4D07-4605.

991 So.2d 1037 (2008)

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellant, v. Jubran A. BADRA; Emily G. Badra; Unknown Person(s) in Possession of the Subject Property; Monarch Country Club Homeowners Association, Inc.; Martin Downs Property Owners Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

October 15, 2008.

Attorney(s) appearing for the Case

Steven Ellison and Franklin Homer of Broad and Cassel, West Palm Beach, for appellant.

Joseph L. Mannikko of Mannikko & Baris, Palm City, for Appellees-Badra.

STONE, J.

This is the third attempt to foreclose on the Badras' $320,000 home mortgage. Mortgage Electronic Registration Systems, Inc. (MERS), the mortgagee by assignment, appeals a summary judgment entered in favor of the mortgagor, the Badras. The trial court concluded that the promissory note, which was lost, cannot be re-established under the 2004 version of section 673.3091, Florida Statutes, notwithstanding an earlier final judgment of foreclosure of this note...

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