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EPSTEIN v. BANK OF AMERICA

No. 4D13-4066.

162 So.3d 159 (2015)

Heather EPSTEIN, Appellant, v. BANK OF AMERICA, National Association, as Successor by Merger to LaSalle Bank National Association, as Trustee Under the Securitization Servicing Agreement Dated July 1, 2004 Structured Asset Securities Corporation Structured Asset Investment Loan Trust Mortgage Passthrough Certificates, Series 2004-7, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing En Banc Denied May 6, 2015.

Attorney(s) appearing for the Case

Donna Greenspan Solomon of Solomon Appeals, Mediation & Arbitration, Fort Lauderdale, and Roy D. Oppenheim , Geoffrey E. Sherman , and Jacquelyn K. Trask of Oppenheim & Pilelsky, for appellant.

Manuel S. Hiraldo of Blank Rome, LLP, Boca Raton, for appellee.

The homeowner appeals the trial court's order granting the bank's motion to vacate the final summary judgment of foreclosure, sale, and certificate of title. The homeowner argues that the trial court erred in granting the motion filed over three years after the final summary judgment was entered. We agree and reverse.

Factual...

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