Tidewater Estates Co-Op, Inc. v. U.S. Bank National Ass'n
Cases that cite this one
3 later published cases cite this decision.
- SEASPRAY RESORT LTD. v. UCF 1 TRUST 1 (Fla. Dist. Ct. App. 2018)
- BLUEWATER, INC. and ANTHONY S. WALKER v. CENTER STREET LENDING FUND IV SPE, LLC (Fla. Dist. Ct. App. 2018)
- Bluewater, Inc. v. Ctr. St. Lending Fund IV Spe, LLC (Fla. Dist. Ct. App. 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.