WATERS v. WILMINGTON TRUST, NATIONAL ASSOCIATION

No. 4D17-2300.

268 So.3d 722 (2018)

Frank WATERS, Appellant, v. WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity but as Trustee FOR ARLP SECURITIZATION TRUST SERIES 2015-1, as party plaintiff for U.S. Bank National Association, as trustee for the benefit of the Holders of SerVertis Fund I Trust 2008-1 Certificates, Series 2008-1 acting by and through Green Tree Servicing LLC, in its capacity as Servicer, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 2018.


Attorney(s) appearing for the Case

Brittani S. Gross and Kendrick Almaguer of The Ticktin Law Group, PLLC, Deerfield Beach, for appellant.

Roy A. Diaz of SHD Legal Group, P.A., Fort Lauderdale, for appellee.


The issue in this case is whether Wilmington Trust, the substituted plaintiff, established that the original plaintiff had standing to bring this foreclosure action. Because there was insufficient evidence of the original plaintiff's standing, we reverse the final judgment of foreclosure.

As evidence of its standing, the original...

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