WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE PRIMESTAR-H FUND I TRUST, Appellant,
SALVADOR CONTRERAS AND MARISOL CONTRERAS BENITEZ, Appellees.
FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Lake County, Sandra Champ, Judge.
Scrivanich, of Scrivanich/Hayes, Sunrise, for Appellant.
O. Husby, Tampa, for Appellee, Marisol Contreras Benitez. No
Appearance for Other Appellee.
Savings Fund Society, FSB, as trustee for the Primestar-H
Fund I Trust (Wilmington), appeals the final order dismissing
with prejudice its foreclosure action against Marisol
Contreras Benitez (Benitez). We reverse the order of
dismissal and remand for further proceedings consistent with
Bank issued a loan to Salvador Contreras and Maria Contreras
and, in return, Salvador and Maria signed a note promising to
repay the loan amount, plus interest, by making monthly
payments. Concurrent with the signing of the note, Salvador,
Maria, and Benitez signed a mortgage, designating certain
real property as collateral for the loan.
than six years later, JP Morgan Chase Bank, N.A., (JP Morgan)
filed a foreclosure lawsuit naming Salvador, Maria, Benitez,
and others as defendants. The sole count alleged, in relevant
Federal National Mortgage Association is the owner of the
Note. Plaintiff is the servicer of the loan and is the holder
of the Note. Federal National Mortgage Association has
authorized Plaintiff to bring this present action.
Defendant(s), SALVADOR CONTRERAS, MARIA FELIX CONTRERAS[, ]
AND MARISOL CONTRERAS BENITEZ, own(s) the property.
There has been a default under the note and mortgage held by
Plaintiff in that the payment due May 1, 2009 and all
subsequent payments have not been made. Plaintiff declares
the full amount due under the note and mortgage to be now
All conditions precedent to the filing of this action have
been performed or have occurred.
There is now due, owing[, ] and unpaid to the Plaintiff as of
the date of the filing of this complaint the following
amounts on principal of said note and mortgage: unpaid
principal balance: $231, 006.31, plus interest, escrow, title
search expenses for ascertaining necessary parties to this
suit, title search, title exam, filing fee, and
attorney's fees and costs.
complaint, JP Morgan attached copies of the note, the
mortgage, and an assignment of mortgage to JP Morgan.
Thereafter, the court granted JP Morgan's ...