Castillo v. Deutsche Bank Nat’l Trust Co.

In a recent case Castillo v. Deutsche Bank Nat’l Trust Co., 89 So. 3d 1069 (Fla. 3rd DCA 2012) the homeowner challenged the bank’s standing to bring a foreclosure action against her, arguing that the plaintiff, 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.

The 3rd DCA held that because the homeowner was neither a party to nor a third party beneficiary of the trust, the homeowner lacked standing to raise the issue.

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