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Dhanik v. U.S. Bank Nat'l Ass'n

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Mar 18, 2016
186 So. 3d 1135 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D14–2613.

03-18-2016

Yogendra DHANIK and Bharti Dhanik, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, etc., et al., Appellees.

Michael E. Rodriguez, of Foreclosure Defense Law Firm, Tampa, for Appellants. Donna L. Eng, Michael K. Winston and Dean A. Morande, of Carlton Fields Jorden Burt, P.A, West Palm Beach, for Appellees.


Michael E. Rodriguez, of Foreclosure Defense Law Firm, Tampa, for Appellants.

Donna L. Eng, Michael K. Winston and Dean A. Morande, of Carlton Fields Jorden Burt, P.A, West Palm Beach, for Appellees.

Opinion

PER CURIAM.

Yogendra and Bharti Dhanik, the homeowners, appeal the foreclosure judgment entered by the trial court against them and in favor of the lender, U.S. Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corporation, CSAB Mortgage-backed Trust 2006–2. They argue that the lender did not prove its standing to sue, and the lender confesses error. Accordingly, we reverse the foreclosure judgment and remand for the entry of an involuntary dismissal order. See Elsman v. HSBC Bank USA, 182 So.3d 770 (Fla. 5th DCA 2015) (holding that, where bank failed to establish standing, foreclosure judgment must be reversed and matter remanded for an entry of order of involuntary dismissal). Accord Walters v. Nationstar Mortg., LLC, 180 So.3d 236 (Fla. 5th DCA 2015); Figueroa v. Fed. Nat'l Mortg. Ass'n, 180 So.3d 1110 (Fla. 5th DCA 2015); Ford v. JPMorgan Chase Bank, 175 So.3d 375 (Fla. 5th DCA 2015); Schmidt v. Deutsche Bank, 170 So.3d 938 (Fla. 5th DCA 2015).

REVERSED and REMANDED.

LAWSON, C.J., PALMER and BERGER, JJ., concur.


Summaries of

Dhanik v. U.S. Bank Nat'l Ass'n

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Mar 18, 2016
186 So. 3d 1135 (Fla. Dist. Ct. App. 2016)
Case details for

Dhanik v. U.S. Bank Nat'l Ass'n

Case Details

Full title:YOGENDRA DHANIK AND BHARTI DHANIK, Appellants, v. U.S. BANK NATIONAL…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Mar 18, 2016

Citations

186 So. 3d 1135 (Fla. Dist. Ct. App. 2016)