SHELTON v. BANK OF NEW YORK MELLON

No. 2D16-952.

203 So.3d 1003 (2016)

Michael SHELTON, as Trustee under the provisions of the trust agreement dated the 20th day of September, 2013 known as 12532 Herons Path Residential Land Trust, Appellant, v. The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for the holders of the certificates, First Horizon Mortgage Pass-Through Certificates Series FH04-FA2, by First Horizon Home Loans, a Division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement; Andrea E. Northrup, or any successors in trust, under the Andrea E. Northrup Revocable Trust Agreement Dated February 25, 2005 and any amendments thereto; Andrea E. Northrup; Martin T. Northrup; Bank of America, N.A.; and South Pointe of Tampa Homeowners Association, Inc., Appellees.

District Court of Appeal of Florida, Second District.

November 9, 2016.


Attorney(s) appearing for the Case

Jamie A. Cummings and Heather A. DeGrave of Walters, Levine, Klingensmith & Thomison, P.A., Tampa, for Appellant.

Nancy M. Wallace of Akerman LLP, Tallahassee; William P. Heller of Akerman LLP, Fort Lauderdale; and Eric M. Levine of Akerman LLP, West Palm Beach, for Appellee The Bank of New York Mellon.

No appearance for remaining Appellees.


Michael Shelton, as Trustee under the provisions of the trust agreement dated 20th day of September 2013, known as the 12532 Herons Path Residential Land Trust, challenges the order confirming the foreclosure sale, directing the clerk of court to issue a certificate of title, and denying his motion to set aside the foreclosure sale...

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