CITIBANK, N.A., AS TRUSTEE FOR CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-QX1 vs MAURICE WARD, SILVIA WARD, ASSOCIATION OF POINCIANA VILLAGES, INC. AND POINCIANA VILLAGE ONE ASSOCIATION, INC.

Annotate this Case

Download PDF

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 CITIBANK, N.A., AS TRUSTEE FOR CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-QX1, Appellant, v. Case No. 5D19-920 MAURICE WARD, SILVIA WARD, ASSOCIATION OF POINCIANA VILLAGES, INC. AND POINCIANA VILLAGE ONE ASSOCIATION, INC., Appellees. ________________________________/ Opinion filed April 3, 2020 Appeal from the Circuit Court for Osceola County, Mike Murphy, Judge. 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 Appellant. Andrew B. Greenlee, of Andrew B. Greenlee, PA, Sanford, and Anthony N. Legendre, II, of Law Offices of Legendre & Legendre, PLLC, Maitland, for Appellees Maurice Ward and Silvia Ward. No Appearance for Remaining Appellees. PER CURIAM. Citibank, N.A., as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2007-QX1 (“Citibank”), appeals the final order dismissing its mortgage foreclosure complaint. The trial court dismissed the complaint based upon its interpretation of Florida Rule of Civil Procedure 1.115(e) as precluding Citibank’s servicer from verifying its complaint. In a separate opinion from a different panel of our court, released today, we conclude that rule 1.115(e) cannot constrain or prohibit a claimant-plaintiff from delegating to its servicer-agent the authority to verify its foreclosure complaint. See Wilmington Sav. Fund Soc’y, FSB v. Tacoronte, Case No. 5D19-1326 (Fla. 5th DCA Apr. 3, 2020). Accordingly, based on that decision, we reverse the final order of dismissal and remand for further proceedings. REVERSED and REMANDED. LAMBERT, EDWARDS, and HARRIS, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.