TIDEWATER ESTATES CO-OP, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, AND ALL OTHER UNKNOWN PARTIES INCLUDING CLAIMANTS, PERSONS OR PARTIES, NATURAL OR CORPORATE, OR WHOSE LEGAL STATUS IS UNKNOWN, CLAIMING UNDER ANY OF THE ABOVE NAMED DEFENDANTS, APPELLANTS,
v.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MLCFC COMMERCIAL MORTGAGE TRUST 2006-1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-1, APPELLEE
We find no abuse of discretion in the trial court’s order sequestering rents. See Whud Real Estate Ltd. P’ship v. Oak Grove, Ltd., 699 So.2d 842 (Fla. 3d DCA 1997). Lack of standing is an affirmative defense to foreclosure. See, e.g., Glynn v. First Union Nat’l Bank, 912 So.2d 357, 358 (Fla. 4th DCA 2005). Section 697.07(4), Florida Statutes (2011), provides that a court may order sequestration of rents “notwithstanding any asserted defenses or counterclaims of the mortgagor.” In ruling on a motion to sequester rents, a court should refrain from conclusively ruling on affirmative defenses. See Whetstone P’ship v. Gen. Elec. Capital Corp., 666 So.2d 194 (Fla. 2d DCA 1995).
Affirmed.
GROSS, CIKLIN and LEVINE, JJ., concur.
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In re Standard Jury Instructions IN Civil Cases-Report NO. 13-02, 135 So. 3d 281 (Fla. 2014)…easonably obtained by (claimant). NOTE ON USE FOR 501.5c This instruction is intended for use in cases involving additional injury caused by subsequent medical treatment. See, e.g., Stuart v. Hertz Corp., 351 So. 2d 703 (Fla.1977); Pedro v. Baber, 83 So. 3d 912 (Fla. 2d DCA 2012); Tucker v. Korpita, 77 So. 3d 716, 720 (Fla. 4th DCA 2011); Nason v. Shafiranski, 33 So. 3d 117 (Fla. 4th DCA 2010); Dunpan v. Ford, 632 So. 2d 159 (Fla. 1st DCA 1994).…
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Bluewater, Inc. v. Ctr. St. Lending Fund IV Spe, LLC, 257 So. 3d 1092 (Fla. 4th DCA 2018)…defenses or counterclaims of the mortgagor.’ Id. (emphasis supplied). “In ruling on a motion to sequester rents, a court should refrain from conclusively ruling on affirmative defenses.” Tidewater Estates Co-Op, Inc. v. U.S. Bank Nat. Ass’n, 83 So. 3d 912 (Fla. 4th DCA 2012). Usury is an affirmative defense. Cerrito v. Kovitch, 423 So. 2d 1008, 1010 (Fla. 4th DCA 1982), approved, 457 So. 2d 1021 (Fla. 1984). The trial court did not abuse its discretion. Affirmed. GERBER, C.J., WARNER and C…
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Seaspray Resort Ltd. v. UCF 1 Tr. 1, 260 So. 3d 333 (Fla. 4th DCA 2018)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Guzman & Co. v. British Realty & Mortg. Corp., 699 So. 2d 842 (Fla. 3d DCA 1997)
- Glynn v. First Union Nat'l Bank, 912 So. 2d 357 (Fla. 4th DCA 2005)
- Whetstone P'ship v. Gen. Elec. Cap. Corp., 666 So. 2d 194 (Fla. 2d DCA 1995)