U.S. BANK NAT. ASSN. v. KACHIK

No. 4D16-1776.

222 So.3d 592 (2017)

U.S. BANK NATIONAL ASSOCIATION, as Trustee FOR HOME EQUITY ASSET TRUST 2004-6 HOME EQUITY PASS-THROUGH CERTIFICATES, SERIES 2004-6, Appellant, v. Jean KACHIK; Unknown Spouse of Jean Kachik; Bank of America, N.A.; Bank of America Successor by Merger to Barnett Bank of Broward County, N.A.; United States of America; any and all Unknown Parties Claiming by, through, under and against the Herein Named Individual Defendant(s) who are not known to be Dead or Alive, whether said Unknown Parties may Claim an Interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants; Unknown Tenant #1; Unknown Tenant #2; Unknown Tenant #3; and Unknown Tenant #4, The Names Being Fictitious to Account for Parties In Possession, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2017.


Attorney(s) appearing for the Case

Dean A. Morande and Michael K. Winston of Carlton Fields, P.A., West Palm Beach, for appellant.

Jonathan H. Kline of Jonathan Kline, P.A., Weston, for appellee.


U.S. Bank National Association, as Trustee for Home Equity Asset Trust 2004-6 Home Equity Pass Through Certificates, Series 2004-6 ("the bank"), the plaintiff in the foreclosure proceedings below, appeals a final judgment in favor of Jean Kachik ("the homeowner"). Because the bank failed to...

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