SERVEDIO v. U.S. BANK NAT. ASS'N

No. 4D10-1898.

46 So.3d 1105 (2010)

Guiseppe SERVEDIO a/k/a Joseph Servedio, Appellant, v. US BANK NATIONAL ASSOCIATION, as Indenture Trustee, on behalf of the holders of Terwin Mortgage Trust 2007-AHL1, Asset-Backed Securities Series 2007-AHL1, Appellee.

District Court of Appeal of Florida, Fourth District.

October 27, 2010.


Attorney(s) appearing for the Case

Peter J. Snyder of Peter J. Snyder, P.A., Boca Raton, for appellant.

Heidi J. Weinzetl of Shapiro & Fishman, LLP., Boca Raton, for appellee.


PER CURIAM.

The issue presented in this appeal is whether the trial court erred in granting a final summary judgment of foreclosure where appellee failed to file with the court a copy of the original note and mortgage prior to the entry of judgment. Because the absence of the original note created a genuine issue of material fact regarding appellee's standing to foreclose on the mortgage, summary judgment was not proper. We reverse.

In November 2008, appellee...

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