ELMAN v. U.S. BANK, N.A.

No. 4D14-2520.

204 So.3d 452 (2016)

Susan ELMAN and Bruce Elman, Appellants, v. U.S. BANK, N.A., Trustee for the Holder of Bear Stearns Asset Backed Securities I Trust 2006-IM1, Appellee.

District Court of Appeal of Florida, Fourth District.

Decision Clarified on Denial of Rehearing August 10, 2016.


Attorney(s) appearing for the Case

Brian Korte and Scott Wortman of Korte & Wortman, P.A., West Palm Beach, for appellants.

Donna L. Eng , Michael K. Winston and Dean A. Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee.


The borrowers appeal a final judgment of foreclosure. They argue the trial court erred in entering the judgment because U.S. Bank ("bank") failed to prove standing. We agree and reverse.

The borrowers executed a note and mortgage with Pinnacle Financial Corporation ("Pinnacle"). The borrowers defaulted on February 1, 2009. On May...

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