ROBERT C. OLINGER

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE INDX MORTGAGE LOAN TRUST 2006-AR6 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-AR6, UNDER THE POOLING AND SERVICING AGREEMENT, ET AL.

Fla. 5th DCA | 2020-05-26

No. 19-0137

Smith, J., Harris, J., Grosshans, J., Traver, J.

Florida District Court of Appeal, Fifth District (2020)

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Holding

The trial court properly entered judgment for the mortgage lender where the lender established the requisite standing and compliance with foreclosure procedures under Florida law.

Facts & Procedural History

Robert C. Olinger appealed a judgment entered against him in a foreclosure action brought by Deutsche Bank National Trust Company as trustee for a mor…

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Topics

Trustee Authority Pooling And Servicing Agreement Standing To Foreclose Mortgage Foreclosure

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Opinion of the Court

Traver

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ROBERT C. OLINGER,

Appellant,

v. Case No. 5D19-137 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE INDX MORTGAGE LOAN TRUST 2006-AR⁶ MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-AR⁶, UNDER THE POOLING AND SERVICING AGREEMENT, ET AL., Appellees.

________________________________/

Opinion filed May 26, 2020 Appeal from the Circuit Court for St. Johns County, R. Lee Smith, Judge. Michael M. Brownlee, of The Brownlee Law Firm, P.A., Orlando, for Appellant. Kimberly S. Mello and Linda M. Reck, of Greenberg Traurig, P.A., Orlando, for Appellee, Deutsche Bank National Trust Company as Trustee for the INDX Mortgage Loan Trust 2006-AR⁶ PER CURIAM.

AFFIRMED. See Deutsche Bank Nat’l Trust Co. v. Marciano, 190 So. 3d 166 (Fla. 5th DCA 2016); Bolous v. U.S. Bank Nat’l Ass’n, 210 So. 3d 691 (Fla. 4th DCA 2016). HARRIS, GROSSHANS and TRAVER, JJ., concur.

Footnotes

6 Mortgage Passthrough Certificates, Series 2006- AR6, Under the Pooling and Servicing Agreement. No Appearance for other Appellees.

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Citator

Authorities Cited

Deutsche Bank Nat'l Tr. Co. v. Ari F. Marciano, 190 So. 3d 166 (Fla. 5th DCA 2016)

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ROBERT C. OLINGER v. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE INDX MORTGAGE LOAN TRUST 2006-AR6 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-AR6, UNDER THE POOLING AND SERVICING AGREEMENT, ET AL.