U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TBW MORTGAGE-BANK PASS-THROUGH CERTIFICATES, SERIES 2006-3
v.
MICHELLE FORSYTH, PATRICK FORSYTH, ET AL.

Fla. 5th DCA | 2020-12-03
No. 20-1056
292 So. 3d 904 Florida District Court of Appeal, Fifth District (2020) Positive Treatment
Cited by 1 case


Opinion of the Court

HARRIS, J.

U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Pass-Through Certificates, Series 2006-3 (“U.S. Bank”), appeals the final order dismissing its mortgage foreclosure complaint. The trial court dismissed the complaint based upon its interpretation of Florida Rule of Civil Procedure 1.115(e) as precluding U.S. Bank’s servicer from verifying its complaint.

This Court recently held that rule 1.115(e) cannot constrain or prohibit a claimantplaintiff from delegating to its servicer-agent the authority to verify its foreclosure complaint. See Wilmington Sav. Fund Soc’y, FSB v. Tacoronte, 293 So. 3d 1071 (Fla. 5th DCA 2020); Citibank, N.A. as Tr. for CWABS, Inc. Asset-Backed Certificates, Series 2007-QX1 v. Ward, 292 So. 3d 904 (Fla. 5th DCA 2020). Accordingly, we reverse the final order of dismissal and remand for further proceedings.

REVERSED and REMANDED.

ORFINGER and LAMBERT, JJ., concur. 2


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  • …g its complaint. This Court recently held that rule 1.115(e) cannot constrain or prohibit a claimantplaintiff from delegating to its servicer-agent the authority to verify its foreclosure complaint. See Wilmington Sav. Fund Soc’y, FSB v. Tacoronte, 293 So. 3d 1071 (Fla. 5th DCA 2020); Citibank, N.A. as Tr. for CWABS, Inc. Asset-Backed Certificates, Series 2007-QX1 v. Ward, 292 So. 3d 904 (Fla. 5th DCA 2020). Accordingly, we reverse the final order of dismissal and remand for further proceedings. REVERSED and…
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