GMAC MORTG., LLC v. CHOENGKROY

No. 4D11-3531.

98 So.3d 781 (2012)

GMAC MORTGAGE, LLC., Appellant, v. Hemmawan CHOENGKROY and Chalermsak Maharuenchan, Appellees.

District Court of Appeal of Florida, Fourth District.

October 17, 2012.


Attorney(s) appearing for the Case

Marc James Ayers and Jose D. Vega of Bradley Arant Boult Cummings, LLP, Birmingham, AL, for appellant.

No appearance for appellees.


GROSS, J.

GMAC Mortgage, LLC, the plaintiff in a mortgage foreclosure action, timely appeals a final order by the trial judge dismissing its suit against the defendants for lack of standing. We reverse because the trial judge erred in dismissing the lawsuit without a hearing and in violation of due process principles.

As the assignee of a mortgage, GMAC brought a mortgage foreclosure suit against the defendants. GMAC's amended complaint contained copies of...

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