CARTY v. BANK OF AMERICA, N.A.

No. 4D16-635.

212 So.3d 395 (2017)

Gaston CARTY and Marlene J. Carty, Appellants, v. BANK OF AMERICA, N.A., Appellee.

District Court of Appeal of Florida, Fourth District.

March 8, 2017.


Attorney(s) appearing for the Case

Anthony J. Badway and Kendrick Almaguer of The Ticktin Law Group, PLLC, Deerfield Beach, for appellants.

Adam M. Topel of Liebler Gonzalez & Portuondo, Miami, for appellee.


We reverse the summary final judgment of foreclosure because a genuine issue of material fact was created by the two different versions of the note filed by the appellee bank. Attached to the original complaint was a copy of the original note which contained three indorsements on the last page of...

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