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LEAL v. DEUTSCHE BANK NAT. TRUST CO.

No. 3D09-821.

21 So.3d 907 (2009)

Eliezier LEAL and Clara Leon, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

November 12, 2009.

Attorney(s) appearing for the Case

David M. Sostchin, Hialeah, and Michelle D. Alvarez, for appellant.

Van Ness Law Firm and Katherine J. Pauls, Hallandale Beach, for appellee.

Before COPE, GERSTEN and SUAREZ, JJ.

COPE, J.

This is an appeal of a summary judgment in a mortgage foreclosure action. We remand for further proceedings.

Deutsche Bank National Trust Company, as trustee, filed a complaint seeking to reestablish a lost promissory note and foreclose a mortgage on a home in Miami-Dade County. According to the complaint, the loan was made in 2006 and went into default on August 1, 2008. The borrowers filed a pro se answer.

After the case had been pending...

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