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AURORA LOAN SERVICES LLC v. SENCHUK

No. 1D09-3512.

36 So.3d 716 (2010)

AURORA LOAN SERVICES LLC, Appellant, v. Yuri SENCHUK; Olga Senchuk; Any and all parties claiming by, through, under and against the herein named individual Defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as Spouses, Heirs, Devisees, Grantees or other Claimants; Highland Glen Owner's Association, Inc.; John G. Barry, III, and Carmen M. Barry; John Doe and Jane Doe as Tenants in Possession, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 28, 2010.

Attorney(s) appearing for the Case

Gigi Rollini of Holland & Knight LLP, Tallahassee; Daniel K. Bean and Renee J. Maxey of Holland & Knight, LLP, Jacksonville, for Appellant.

William Nussbaum of Scott, Barker & Nussbaum, Jacksonville, for Appellees John G. Barry, III, and Carmen M. Barry.

WOLF, J.

Aurora seeks review of the trial court's order granting the Barrys' motion for summary judgment in the underlying foreclosure action which concluded, as a matter of law, that the Barrys' mortgage was first in seniority to Aurora's mortgage. We reverse.

The Facts:

On or about May 31, 2005, Olga and Yuri Senchuk (the Senchuks) executed a mortgage in favor of Wells Fargo Bank, in the principal amount of $419,330.00, and this mortgage was recorded...

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