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BANK OF NEW YORK MELLON v. HEATH

No. 4D16-1988.

219 So.3d 104 (2017)

BANK OF NEW YORK MELLON, f/k/a Bank of New York, as Trustee, ON BEHALF OF the REGISTERED HOLDERS OF ALTERNATIVE LOAN TRUST 2007-OA7, Mortgage Pass-through Certificates Series 2007-OA7, Appellant, v. Lisa Kay HEATH, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

April 26, 2017.

Attorney(s) appearing for the Case

Jacqueline Costoya of Kelley Kronenberg, Fort Lauderdale, for appellant.

No appearance for appellees.

Bank of New York Mellon ("Bank") appeals the trial court's order granting Lisa Kay Heath ("Borrower") an involuntary dismissal due to Bank's lack of standing. We find it was error for the court to dismiss the foreclosure action, and reverse for a new trial.

After Borrower defaulted on the loan, Select Portfolio Servicing...

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