Florida District Courts of Appeal, 2012

Tidewater Estates Co-Op, Inc. v. U.S. Bank National Ass'n

Tidewater Estates Co-Op, Inc. v. U.S. Bank National Ass'n
Florida District Courts of Appeal · Decided February 29, 2012 · Ciklin, Gross, Levine
83 So. 3d 912; 2012 WL 638029; 2012 Fla. App. LEXIS 3259 (Southern Reporter, Third Series)

Tidewater Estates Co-Op, Inc. v. U.S. Bank National Ass'n

Opinion of the Court

PER CURIAM.

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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