Amstone v. The Bank of New York Mellon (Fla. Dist. Ct. App. 2016)
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. . .
Charles and Carolyn Amstone appeal the final summary judgment of
foreclosure entered against them and in favor of The Bank of New York Mellon. The
Amstones argue that the Bank failed to show that it had standing to foreclose and failed
to refute their affirmative defenses. They claim that summary judgment should have
been granted in their favor. We conclude that the Bank did prove standing but failed to
refute the Amstones’ affirmative defenses. Therefore, genuine issues of material fact
remained, summary judgment should not have been entered, and we must reverse for
further proceedings.
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