BRIER v. DEUTSCHE BANK NATIONAL TRUST COMPANY FOR BCAP LLC TRUST 2007 AA2 USA (2018)

District Court of Appeal of Florida, Fourth District.

Seth S. BRIER, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee FOR BCAP LLC TRUST 2007–AA2, Agri Sales USA, Inc., Atlas Peat & Soil, Inc., Cemex, Inc., Hamblin Village Homeowners Association, Inc., Olympia Master Association, Inc., Palm Beach Newspapers, Inc., and Wood Mulch Products, Inc. Appellees.

No. 4D17–2934

Decided: February 07, 2018

Henry B. Handler and David K. Friedman of Weiss, Handler & Cornwell, P.A., Boca Raton, for appellant. Sara F. Holladay–Tobias, Emily Y. Rottmann, and C.H. Houston III of McGuireWoods LLP, Jacksonville, for Deutsche Bank National Trust Company, as Trustee for BCAP LLC Trust 2007–AA2.

ON CONFESSION OF ERROR

Appellee Deutsche Bank filed a complaint to foreclose on a mortgage. Appellant responded with an answer and eleven affirmative defenses, two of which were later stricken. The bank moved for summary judgment, addressing appellant's remaining affirmative defenses only by generally claiming they lacked factual and legal support and were not pled with specificity. The trial court granted the bank's motion. The bank has confessed error, stipulating that final summary judgment should be reversed. See Seale v. Regions Bank, 121 So.3d 649, 650 (Fla. 4th DCA 2013) (“[I]n mortgage foreclosure cases, summary judgment is precluded if affirmative defenses are not factually refuted or shown to be legally insufficient.”). As such, we reverse and remand with instructions for the trial court to vacate the final judgment of foreclosure.

Reversed and remanded with instructions.

Per Curiam.

Gerber, C.J., Warner and Levine, JJ., concur.

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