CASTILLO V. DEUTSCHE BANK

State: Florida

Court: Florida Third District Court

Docket No: 11-2132

Case Date: 06/06/2012

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2012
Opinion filed June 6, 2012. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-2132 Lower Tribunal No. 09-88614 ________________

Sandra P. Castillo,
Appellant, vs.

Deutsche Bank National Trust Company, etc.,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William L. Thomas, Judge. Jimenez, Milian & Associates and Robert R. Jimenez, for appellant. Smith Hiatt & Diaz, and Roy A. Diaz and Diana B. Matson (Fort Lauderdale), for appellee.

Before WELLS, C.J., and SHEPHERD and ROTHENBERG, JJ. SHEPHERD, J.

The appellant in this case challenges the appellee's standing to bring a foreclosure action against the appellant, arguing the appellee, a common-law trust, failed to comply with its pooling and servicing agreement when it took possession of the original note and mortgage and thus the trust cannot legally be in possession of the note and mortgage when it was obtained in violation of its trust documents. Because the appellant is neither a party to nor a third-party beneficiary of the trust, we find the appellant lacks standing to raise this issue and affirm the final judgment of foreclosure in favor of the appellee, as the holder of the original note and mortgage. See In re Walker, No. 10-12592 ELF, 2012 WL 443014, *6-7 (Bankr. E.D. Pa. Feb. 13, 2012); In re Almeida, 417 B.R. 140, 149 (Bankr. D. Mass. 2009); see also Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932, 933 (Fla. 4th DCA 2010). Affirmed.

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