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Vazquez V Deutsche Bank Reversed and Remanded Form

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>> THE CASE OF TERRI PAGE VERSUS DEUTSCHE BANK. COUNSEL FOR THE PETITIONER PLEASE PROCEED. >> NICOLE MOSKOWITZ ON BEHALF OF TERRI PAGE. WE ARE HERE BECAUSE THE FOURTH DCA SAID THAT IF THERE'S A FORECLOSURE CASE DISMISSED FOR LACK OF STANDING SHE CAN NEVER GET HER ATTORNEYS FEES. THIS IS AN OVERLY BROAD WILL THAT IGNORES IMPORTANT FACTS AND LEADS TO INEQUITABLE RESULTS. LET'S LOOK AT THE FACTS OF THIS CASE. IT IS UNDISPUTED THAT RESPONDENT HAD STANDING. NOT ONLY WERE THEY LITERALLY HOLDING THE NOTE BUT BY VIRTUE OF THAT FACT THE MORTGAGE WHICH FOLLOWS THE NOTE CAME TO BE, THE RESPONDENT WAS A PARTY TO THAT MORTGAGE. IT IS UNDISPUTED THAT IN 2017 THE RESPONDENT FILED A NEW FORECLOSURE ACTION WITH THE SAME NOTE, SAME MORTGAGE, SAME DEFENDANT CLAIMING TO BE A HOLDER OF THE NOTE AND ASKING ATTORNEYS FEES AND THE ENTIRE TIME THE CASE WAS PENDING, CLAIMING IN THIS LAWSUIT THAT MISSED PAGE IS NOT ENTITLED TO ATTORNEYS FEES BASED ON THE SAME MORTGAGE.

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