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FINNEGAN v. DEUTSCHE BANK NAT. TRUST CO.

No. 4D11-939.

96 So.3d 1093 (2012)

Joanne FINNEGAN, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R11, Appellee.

District Court of Appeal of Florida, Fourth District.

September 5, 2012.

Attorney(s) appearing for the Case

John J. Anastasio , Stuart, for appellant.

Heidi J. Weinzetl and Ronald M. Gaché of Shapiro, Fishman & Gaché, LLP, Boca Raton, for appellee.

WARNER, J.

Appellant challenges the final summary judgment of foreclosure entered by the trial court. She claims that her answer and opposition affidavit raised material issues of fact as to whether the appellee satisfied the contractual conditions precedent to foreclosure. We agree that material issues of fact remain and we reverse the summary judgment.

Appellee, Deutsche Bank, filed a complaint alleging that appellant...

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