Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilmington Savings Fund Society v. Contreras

Florida Court of Appeals, Fifth District

July 26, 2019

WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE PRIMESTAR-H FUND I TRUST, Appellant,
v.
SALVADOR CONTRERAS AND MARISOL CONTRERAS BENITEZ, Appellees.

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

          Appeal from the Circuit Court for Lake County, Sandra Champ, Judge.

          Ezra Scrivanich, of Scrivanich/Hayes, Sunrise, for Appellant.

          Eric O. Husby, Tampa, for Appellee, Marisol Contreras Benitez. No Appearance for Other Appellee.

          GROSSHANS, J.

         Wilmington 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 this opinion.

         AmSouth 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.

         More 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 part:

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 due.
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.

         To the 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.