Appellants initial brief in Dorta v Wilmington | mortgage unenforceable under the five year statute of limitations applicable to [a]n action to foreclose a mortgage set forth in section 95.11(2)(c) of the Florida Statutes

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Appellants initial brief in Dorta v Wilmington | mortgage unenforceable under the five year statute of limitations applicable to [a]n action to foreclose a mortgage set forth in section 95.11(2)(c) of the Florida Statutes

Appellants initial brief in Dorta v Wilmington | mortgage unenforceable under the five year statute of limitations applicable to [a]n action to foreclose a mortgage set forth in section 95.11(2)(c) of the Florida Statutes

United States Court of Appeals
for the
Eleventh Circuit

______________________
MARLENE DORTA,
Appellant,

v.

WILMINGTON TRUST NATIONAL ASSOCIATION, as successor trustee to
CITIBANK NATIONAL ASSOCATION, AS TRUSTEE FOR BNC
MORTGAGE LOAN TRUST 2007-3, Appellee.
________________________________________________________________

ON APPEAL FROM THE UNITED STATES DISTRICT COURT OF
THE MIDDLE DISTRICT OF FLORIDA

MARLENE DORTA’S INITIAL BRIEF
__________________________________________________________________

PRELIMINARY STATEMENT

This is an appeal from a final order entered by the Hon. Wm. Terrell Hodges, Senior Judge, dismissing an amended complaint filed by Appellant, Marlene Dorta, against Appellee, Wilmington Trust National Association (Wilmington), which is the successor trustee to Citibank National Association (Citi) as the trustee for BNC Mortgage Loan Trust 2007-3. The case was originally filed in state circuit court in Marion County, Florida, but was subsequently removed by the named defendant in the original complaint, Citi, on the basis of diversity of citizenship. The operative complaint for the purposes of this appeal (the Amended Complaint) sought a final judgment declaring a mortgage held by Wilmington (the Mortgage), and encumbering real estate owned in fee simple by Dorta, to be unenforceable under the five year statute of limitations applicable to [a]n action to foreclose a mortgage set forth in section 95.11(2)(c) of the Florida Statutes.

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