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CITIMORTGAGE, INC. v. HENRY

Nos. 2D07-5982, 2D08-6252.

24 So.3d 641 (2009)

CITIMORTGAGE, INC., Appellant, v. Bruce J. HENRY, Wachovia Bank, National Association, Wachovia SBA Lending, Inc., Melissa A. Henry, Neal J. Loth, Valerie M. Loth, John Doe, Jane Doe, as unknown tenant(s) in possession of the subject property, Appellees.

District Court of Appeal of Florida, Second District.

December 9, 2009.

Attorney(s) appearing for the Case

David J. Tong, John B. Gibbons, and Heather M. Escriva of Saxon, Gilmore, Carraway & Gibbons, P.A., Tampa, for Appellant.

Ceci Culpepper Berman of Fowler White Boggs, P.A., Tampa, for Appellee Wachovia SBA Lending, Inc.

No appearance for remaining Appellees.

DAVIS, Judge.

In these consolidated appeals, Citimortgage, Inc., challenges two orders entered by the trial court below in favor of Wachovia Bank regarding two foreclosure proceedings on the same parcel of real estate. We reverse.

Factual Background

On December 19, 2002, Bruce J. Henry and Melissa A. Henry (the Borrowers) executed and delivered a promissory note and mortgage to Mortgage Electronic Registration Systems Incorporated

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