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

No. 2D10-5709.

109 So.3d 224 (2012)

Thomas W. CUTLER and Ann Cutler, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Structured Asset Investment Loan Trust, 2006-BNC3, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 15, 2013.


Attorney(s) appearing for the Case

J. Michael Shea of St. Michael's Legal Center for Women and Children, Inc., Tampa, for Appellants.

Michael K. Winston , Dean A. Morande , and Cynthia L. Comras of Carlton Fields, P.A., West Palm Beach, for Appellee.


DAVIS, Judge.

Thomas W. Cutler and Ann Cutler challenge the final summary judgment entered in favor of U.S. Bank National Association in U.S. Bank's mortgage foreclosure action against them. Because a genuine issue of material fact remains with regard to whether U.S. Bank was the proper holder of the note, we reverse and remand for further proceedings.

On September 22, 2008, U.S. Bank filed a two-count complaint against the Cutlers seeking to foreclose their...

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