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PETERS v. BANK OF NEW YORK MELLON

Case No. 2D15-2222.

227 So.3d 175 (2017)

Hazel N. PETERS a/k/a Hazel N. Johnson; and Unknown Tenant 1 n/k/a Dave Peters, Appellants, v. The BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as Trustee for Bear Stearns Asset Backed Securities Trust 2006-4, Asset Backed Certificates, Series 2006-4, and Leo Johnson, Appellees.

District Court of Appeal of Florida, Second District.

Opinion filed May 26, 2017.

Attorney(s) appearing for the Case

Mark P. Stopa of Stopa Law Firm, Tampa, for Appellant Hazel N. Peters a/k/a Hazel N. Johnson.

Kristen M. Crescenti , Christopher C. O'Brien and Ronnie J. Bitman of Pearson Bitman LLP, Maitland, for Appellee The Bank of New York Mellon.

No appearance for Appellee Leo Johnson.

Hazel N. Peters, a/k/a Hazel N. Johnson (Ms. Peters), challenges a final judgment of foreclosure in favor of The Bank of New York Mellon (the Bank) entered after a bench trial. Because the Bank failed to prove its ownership of the lost note that it attempted to reestablish and enforce, we reverse.

I. THE FACTS AND THE PROCEDURAL...

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