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McLAGAN v. FEDERAL HOME LOAN MORTG. CORP.

No. 2D13-974.

145 So.3d 943 (2014)

John J. Benz and Tricia McLAGAN, Appellants, v. FEDERAL HOME LOAN MORTGAGE CORP., Appellee.

District Court of Appeal of Florida, Second District.

August 22, 2014.

Attorney(s) appearing for the Case

C. Michael Duncan of Duncan Law Offices, P.A., Tavares, for Appellants.

Edward J. O'Sheehan of Shutts & Bowen, LLP, Fort Lauderdale, for Appellee.

NORTHCUTT, Judge.

John Benz and Tricia McLagan, husband and wife, appeal a final summary foreclosure judgment in favor of Federal Home Loan Mortgage Corp. (Freddie Mac). We reverse because the record fails to resolve material issues of fact regarding Freddie Mac's standing.

Freddie Mac filed the mortgage foreclosure action against Benz, McLagan, and others on March 11, 2009. The complaint alleged that the note and mortgage were recorded in January 2005 and...

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