DEUTSCHE BANK
v.
SFL PROPERTY HOLDING LLC
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A mortgage foreclosure action was timely filed and not barred by the statute of limitations.
[1] A confession of error by a defendant may lead to the reversal of a summary judgment order and remand for reinstatement of the complaint.
[2] A mortgage foreclosure action may be dismissed if barred by the statute of limitations.
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Join FLexlaw to unlock all legal intelligenceDeutsche Bank, as trustee for a mortgage pass-through certificate trust, brought a foreclosure action against SFL Property Holding LLC. The trial cour…
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Third District Court of Appeal
State of Florida
Opinion filed January 17, 2018.
________________
No. 3D16-55 Lower Tribunal No. 15-8326
________________
Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital1 Inc. Trust 2006-NC5, Mortgage Pass-Through Certificates, Series 2006-NC5,
Appellant,
vs.
SFL Property Holding LLC, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Robert J. Luck, Judge.
McGlinchey Stafford, and N. Mark New II, Karin L. Posser, and William L. Grimsley (Jacksonville), for appellant.
Wesoloski Carlson, P.A. and Erik D. Wesoloski, for appellee, SFL Property Holding, LLC.
Before SUAREZ, LAGOA, and SALTER, JJ.
ON CONFESSION OF ERROR
PER CURIAM.
Deutsche Bank National Trust Company (“Deutsche Bank”), the plaintiff below, appeals the trial court’s order granting final summary judgment in favor of the defendant below, SFL Property Holding LLC (“SFL Property”), and dismissing the instant mortgage foreclosure action. The trial court found that the action was barred by the statute of limitations.
Based upon the record before us and the defendant’s confession of error, we reverse the trial court’s order granting the motion for summary judgment and remand to the trial court for reinstatement of the complaint. See Bartram v. U.S.
Bank Nat’l Ass’n, 211 So. 3d 1009 (Fla. 2016); Deutsche Bank Tr. Co. Ams. v.
Beauvais (“Beauvais II”), 188 So. 3d 938 (Fla. 3d DCA 2016) (en banc);1 see also,
e.g., Bollettieri Resort Villas Condo. Ass’n v. Bank of N.Y. Mellon, 228 So. 3d 72 (Fla. 2017); Wells Fargo Bank, NA v. BH–NV Invs.1, LLC, 230 So. 3d 60 (Fla.
3d DCA 2017); Wells Fargo Bank, N.A. v. Spence, 213 So. 3d 1142 (Fla. 3d DCA
2017); Arnoux v. Bank of N.Y., 193 So. 3d 82 (Fla. 3d DCA 2016).
Reversed and remanded for reinstatement of the complaint.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)
- Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016)
- Bollettieri Resort Villas Condo. Ass'n, Inc. v. The Bank OF NEW York Mellon, 228 So. 3d 72 (Fla. 2017)
- Wells Fargo Bank, NA v. BH-NV Invs. 1, LLC, 230 So. 3d 60 (Fla. 3d DCA 2017)
- Wells Fargo Bank, N.A. v. Spence, 213 So. 3d 1142 (Fla. 3d DCA 2017)
- Arnoux v. Bank OF NEW York, 193 So. 3d 82 (Fla. 3d DCA 2016)