CHARLEY v. GREEN TREE SERVICING, LLC

No. 4D11-551.

125 So.3d 285 (2013)

Nadia CHARLEY and Elysee Charley, Appellants, v. GREEN TREE SERVICING, LLC, Appellee.

District Court of Appeal of Florida, Fourth District.

March 6, 2013.


Attorney(s) appearing for the Case

James Jean-Francois of James Jean-Francois, P.A., Hollywood, for appellant.

Roy A. Diaz , Diana B. Matson and Kathleen E. Angione of Smith Hiatt & Diaz, P.A., Fort Lauderdale, for appellee.


POLEN, J.

The defendants appeal the trial court's order granting summary judgment of foreclosure in favor of Green Tree. We reverse summary judgment because we find there were genuine issues of material fact, including, but not limited to, the issue of whether Green Tree had standing to foreclose.

Standing to foreclose may be established by either an assignment or equitable transfer of the mortgage prior to the filing...

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