MURLINE GELIN
v.
CARRINGTON MORTGAGE SERVICES, LLC, ET AL.
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A mortgagee with an unbroken chain of assignments has standing to foreclose, and a party seeking relief from judgment based on newly discovered evidence must demonstrate due diligence in discovering that evidence.
[1] An unbroken chain of mortgage assignments constitutes sufficient evidence to establish a mortgagee's standing to foreclose on real property.
[2] A party seeking relief from judgment under Florida Rule of Appellate Procedure 1.540(b) based on newly discovered evidence must demonstrate due diligence in discovering t…
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Join FLexlaw to unlock all legal intelligence“This unbroken chain [of assignments] was sufficient evidence to establish [mortgagee's] standing to foreclose on the home.”
Hines v. New Urban Pine Rd. LLC, 239 So. 3d 750, 751 (Fla. 3d DCA 2018)
Murline Gelin appealed a foreclosure action brought by Carrington Mortgage Services, LLC in Miami-Dade County Circuit Court. The trial court entered j…
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Third District Court of Appeal
State of Florida
Opinion filed May 27, 2026.
Not final until disposition of timely filed motion for rehearing.
Nos. 3D24-2158, 3D25-1667 Lower Tribunal No. 22-5708-CA-01
Murline Gelin, Appellant,
vs.
Carrington Mortgage Services, LLC, et al., Appellees.
Appeals from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.
Murline Gelin, in proper person.
Greenspoon Marder LLP, and Dariel J. Abrahamy (Boca Raton), for appellee Carrington Mortgage Services LLC.
Before LINDSEY, LOBREE and GOODEN, JJ.
PER CURIAM.
Affirmed. See Singleton v. Greymar Assoc., 882 So. 2d 1004, 1008 (Fla. 2004) (“[T]he subsequent and separate alleged default created a new and independent right in the mortgagee to accelerate payment on the note in a subsequent foreclosure action.”); Hines v. New Urban Pine Rd. LLC, 239 So. 3d 750, 751 (Fla. 3d DCA 2018) (“This unbroken chain [of assignments] was sufficient evidence to establish [mortgagee's] standing to foreclose on the home."); see also Rodriguez v. Falcones, 314 So. 3d 469, 472 (Fla. 3d DCA 2020) (showing of due diligence is required under rule 1.5410(b)); Cleveland v. Crown Fin., LLC, 212 So. 3d 1065, 1069 (Fla. 1st DCA 2017) ("Relief from judgment based on newly discovered evidence claim should be seldom granted and only when the party seeking relief has exercised due diligence. It is the movant's burden under rule 1.540(b) to establish the exercise of due diligence. It is not sufficient to merely show that the evidence was not known or discovered by counsel prior to trial. Rather, the movant must make his or her vigilance apparent.” (internal citations omitted)); Rusniaczek v. Tableau Fine Art Grp., Inc., 139 So. 3d 355, 357 (Fla. 3d DCA 2014) (holding that "[i]n order to warrant an evidentiary hearing, a rule 1.540(b)(3) motion must specify the essential facts of the purported fraud and not merely assert legal conclusions.").
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Singleton v. Greymar Assocs., 882 So. 2d 1004 (Fla. 2004)
- Cleveland v. Crown Fin., LLC, 212 So. 3d 1065 (Fla. 1st DCA 2017)
- Rusniaczek v. Tableau Fine ART Grp., Inc., 139 So. 3d 355 (Fla. 3d DCA 2014)
- Jolly Trolley Constr., LLC v. Concepcion Galano (Fla. 3d DCA 2026)