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OLIVERA v. BANK OF AMERICA, N.A.

No. 2D13-629.

141 So.3d 770 (2014)

John OLIVERA, as Personal Representative of the Estate of Nelsa Plaja, deceased, Appellant, v. BANK OF AMERICA, N.A. as successor by merger to BAC Home Loan Servicing, L.P., Appellee.

District Court of Appeal of Florida, Second District.

July 11, 2014.

Attorney(s) appearing for the Case

Andrea H. Duenas of the Law Office of A. Duenas, P.A., Lantana; Brian K. Korte and Scott J. Wortman of Korte & Wortman, P.A., West Palm Beach, for Appellant.

Curtis A. Wilson of McCalla Raymer, LLC, Orlando, for Appellee.

WALLACE, Judge.

John Olivera, as the personal representative of the Estate of Nelsa Plaja, deceased, appeals a final summary judgment of foreclosure entered against Ms. Plaja, and in favor of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, L.P. (BOA). Because there remain genuine issues of material fact about BOA's standing to foreclose on the subject note and mortgage, we reverse the final summary judgment of foreclosure and remand for...

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