NATIONSTAR MORTG., LLC v. KELLY

No. 5D15-2892.

199 So.3d 1051 (2016)

NATIONSTAR MORTGAGE, LLC, Appellant, v. Paul J. KELLY and Beth A. Kelly, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 21, 2016.


Attorney(s) appearing for the Case

Nancy M. Wallace , of Akerman LLP, Tallahassee, and William P. Heller , of Akerman LLP, Fort Lauderdale, and Eric M. Levine , of Akerman LLP, West Palm, for Appellant.

Debi V. Rumph , of the Law Offices of Debi V. Rumph, Orlando, for Appellees.


Nationstar Mortgage, LLC, ("Nationstar") appeals the involuntary dismissal of its foreclosure action against Paul J. Kelly and Beth A. Kelly (collectively "Appellees"), on the ground that it did not have standing to foreclose. The evidence admitted at trial proved that the mortgage and note were validly assigned pre-suit by MERS, as...

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