LAND TRUST SERVICE CORPORATION AS TRUSTEE OF TRUST NO 8SS DATED JULY 2013 v. NATIONSTAR MORTGAGE LLC EDUARD SOLOKHIN AND NATALIYA SOLOKHINA (2017)

District Court of Appeal of Florida, Fifth District.

LAND TRUST SERVICE CORPORATION AS TRUSTEE OF TRUST NO. 8SS DATED JULY 9, 2013, Appellant, v. NATIONSTAR MORTGAGE, LLC, EDUARD SOLOKHIN AND NATALIYA SOLOKHINA, Appellees.

Case No. 5D16-3641

Decided: December 01, 2017

Gregory K. Mausser, of The Law Office of Gregory K. Mausser, PA, Sanford, for Appellant. Nancy M. Wallace, of Akerman LLP, Tallahassee, William P. Heller, of Akerman LLP, Fort Lauderdale, and Eric M. Levine, of Akerman LLP, West Palm Beach, for Appellee Nationstar Mortgage, LLC. No Appearance for other Appellees.

AFFIRMED.

I respectfully dissent. In my view, the trial court improperly granted summary judgment for the lender in this mortgage foreclosure suit because genuine issues of material fact exist as shown by the discrepancy between the interest rate and monthly payment provided in the allegedly controlling documents attached to the complaint and the interest rate and monthly payment contained in the servicing records. See Petruska v. Smartparks-Silver Springs, Inc., 914 So. 2d 502, 504 (Fla. 5th DCA 2005).

Accordingly, I would reverse and remand for further proceedings.

PER CURIAM.

TORPY and EVANDER, JJ., concur. PALMER, J., dissents, with opinion.

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