CASTILLO v. DEUTSCHE BANK NAT. TRUST CO.

No. 3D11-2132.

89 So.3d 1069 (2012)

Sandra P. CASTILLO, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 5, 2012.


Attorney(s) appearing for the Case

Jimenez, Milian & Associates and Robert R. Jimenez , for appellant.

Smith Hiatt & Diaz, and Roy A. Diaz and Diana B. Matson , Fort Lauderdale, for appellee.

Prior report: .


SHEPHERD, J.

The appellant in this case challenges the appellee's standing to bring a foreclosure action against the appellant, arguing the appellee, a common-law trust, failed to comply with its pooling and servicing agreement when it took possession of the original note and mortgage and thus the trust cannot legally be in possession of the note and mortgage when it was obtained in violation of its trust documents. Because the appellant is neither a party to nor...

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