Land Trust v. Nationstar Mortgage

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED LAND TRUST SERVICE CORPORATION

AS TRUSTEE OF TRUST NO. 8SS DATED

JULY 9, 2013,

Appellant, v. Case No. 5D16-3641 NATIONSTAR MORTGAGE, LLC,

EDUARD SOLOKHIN AND NATALIYA

SOLOKHINA,

Appellees. ________________________________/

Decision filed December 1, 2017

Appeal from the Circuit Court for Flagler County,

Scott C. Dupont, Judge.

Gregory K. Mausser, of The Law Office of

Gregory K. Mausser, PA, Sanford, for

Appellant.

Nancy M. Wallace, of Akerman LLP,

Tallahassee, William P. Heller, of Akerman

LLP, Fort Lauderdale, and Eric M. Levine, of Akerman LLP, West Palm Beach, for

Appellee Nationstar Mortgage, LLC.

No Appearance for other Appellees.

PER CURIAM.

AFFIRMED.

TORPY and EVANDER, JJ., concur.

PALMER, J., dissents, with opinion.

Palmer, J., dissenting. 5D16-3641 I respectfully dissent. In my view, the trial court improperly granted summary judgment for the lender in this mortgage foreclosure suit because genuine issues of material fact exist as shown by the discrepancy between the interest rate and monthly payment provided in the allegedly controlling documents attached to the complaint and the interest rate and monthly payment contained in the servicing records. See Petruska v. Smartparks-Silver Springs, Inc., 914 So. 2d 502, 504 (Fla. 5th DCA 2005).

Accordingly, I would reverse and remand for further proceedings.