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Salam v. U.S. Bank National Association

Florida Court of Appeals, Fourth District

December 20, 2017

ABDUL SALAM and GHAZALA K. SALAM, Appellants,
v.
U.S. BANK NATIONAL ASSOCIATION, As Trustee, Successor In Interest To WACHOVIA BANK, NATIONAL ASSOCIATION, As Trustee For WELLS FARGO ASSET SECURITIES CORPORATION, Mortgage Pass-Through Certificates, Series 2005-AR13; WELLS FARGO BANK N.A.; THE TOWN FOUNDATION, INC.; THE RIDGES MAINTENANCE ASSOCIATION, INC.; Any and All Unknown Parties Claiming By, Through, Under and Against The Herein Named Individual Defendant(s) Who Are Not Known To Be Dead Or Alive, Whether Said Unknown Parties May Claim An Interest As Spouses, Heirs, Devisees, Grantees, Or Other Claimants; Unknown Tenant 1; Unknown Tenant 2; Unknown Tenant 3; and Unknown Tenant 4; The Names Being Fictitious To Account For Parties In Possession, Appellees.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John B. Bowman, Judge; L.T. Case No. 14-10840 (11).

          Chase E. Jenkins of Loan Lawyers, LLC, Fort Lauderdale, for appellants.

          Sara F. Holladay-Tobias, C.H. Houston, III, and Monica L. Haddad Forbes of McGuireWoods LLP, Jacksonville, for appellee U.S. Bank National Association, As Trustee, Successor In Interest To Wachovia Bank, National Association, As Trustee For Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-AR13.

          CIKLIN, J.

         In this appeal from a foreclosure judgment, Abdul and Ghazala Salam ("the homeowners") argue that the trial court erred in denying their motion for involuntary dismissal and entering a final judgment where the mortgage did not contain a legal description for the property. We find that the plaintiff in the underlying foreclosure suit presented sufficient evidence to establish a prima facie case, and we affirm.

         In 2005, Abdul Salam executed a note in favor of the lender, Wells Fargo Bank, N.A. The homeowners executed a mortgage securing the note. The mortgage identifies the lender as the mortgagee and provides the property address. The mortgage also contains a stamp reflecting recording information, including a recording date and time, and book and page number references:

INSTR # 104925505
OR BK 39480 PAGES 686-710
RECORDED 04/20/05 15:56:30
BROWARD COUNTY COMMISSION
DOC STMP-M: $1624.00
INT TAX: f1 $928.00
DEPUTY CLERK ...

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