BANK NATIONAL ASSOCIATION AS TRUSTEE FOR TBW MORTGAGE BANK PASS THROUGH CERTIFICATES SERIES 2006 v. FORSYTH (2020)

District Court of Appeal of Florida, Fifth District.

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TBW MORTGAGE-BANK PASS-THROUGH CERTIFICATES, SERIES 2006-3, Appellant, v. Michelle FORSYTH, Patrick Forsyth, et al., Appellees.

Case No. 5D20-1056

Decided: December 04, 2020

Gillian D. Williston, of Troutman Pepper Hamilton Sanders, LLP, Virginia Beach, VA, for Appellant. Anthony N. Legendre, II, of Law Offices of Legendre & Legendre, PLLC, Maitland, for Appellees.

U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Pass-Through Certificates, Series 2006-3 (“U.S. Bank”), 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 U.S. Bank's servicer from verifying its complaint.

This Court recently held 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, 293 So. 3d 1071 (Fla. 5th DCA 2020); Citibank, N.A. as Tr. for CWABS, Inc. Asset-Backed Certificates, Series 2007-QX1 v. Ward, 292 So. 3d 904 (Fla. 5th DCA 2020). Accordingly, we reverse the final order of dismissal and remand for further proceedings.

REVERSED and REMANDED.

HARRIS, J.

ORFINGER and LAMBERT, JJ., concur.

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