CITIBANK AS TRUSTEE FOR CWABS INC ASSET BACKED CERTIFICATES SERIES 2007 QX1 v. WARD (2020)

District Court of Appeal of Florida, Fifth District.

CITIBANK, N.A., AS TRUSTEE FOR CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-QX1, Appellant, v. Maurice WARD, Silvia Ward, Association of Poinciana Villages, Inc. and Poinciana Village One Association, Inc., Appellees.

Case No. 5D19-920

Decided: April 03, 2020

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 Appellant. Andrew B. Greenlee, of Andrew B. Greenlee, PA, Sanford, and Anthony N. Legendre, II, of Law Offices of Legendre & Legendre, PLLC, Maitland, for Appellees Maurice Ward and Silvia Ward. No Appearance for Remaining Appellees.

Citibank, N.A., as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2007-QX1 (“Citibank”), appeals the final order dismissing its mortgage foreclosure complaint. The trial court dismissed the complaint based upon its interpretation of Florida Rule of Civil Procedure 1.115(e) as precluding Citibank’s servicer from verifying its complaint.

In a separate opinion from a different panel of our court, released today, we conclude that rule 1.115(e) cannot constrain or prohibit a claimant-plaintiff from delegating to its servicer-agent the authority to verify its foreclosure complaint. See Wilmington Sav. Fund Soc’y, FSB v. Tacoronte, Case No. 5D19-1326, ––– So.3d ––––, 2020 WL 1645418 (Fla. 5th DCA Apr. 3, 2020). Accordingly, based on that decision, we reverse the final order of dismissal and remand for further proceedings.

REVERSED and REMANDED.

PER CURIAM.

LAMBERT, EDWARDS, and HARRIS, JJ., concur.

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