Appellants initial brief in Dorta v Wilmington | mortgage unenforceable under the five year statute of limitations applicable to [a]n action to foreclose a mortgage set forth in section 95.11(2)(c) of the Florida Statutes
United States Court of Appeals for the Eleventh Circuit
______________________ MARLENE DORTA, Appellant,
v. WILMINGTON TRUST NATIONAL ASSOCIATION, as successor trustee to CITIBANK NATIONAL ASSOCATION, AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-3, Appellee. ________________________________________________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT OF THE MIDDLE DISTRICT OF FLORIDA MARLENE DORTA’S INITIAL BRIEF __________________________________________________________________PRELIMINARY STATEMENT
This is an appeal from a final order entered by the Hon. Wm. Terrell Hodges, Senior Judge, dismissing an amended complaint filed by Appellant, Marlene Dorta, against Appellee, Wilmington Trust National Association (Wilmington), which is the successor trustee to Citibank National Association (Citi) as the trustee for BNC Mortgage Loan Trust 2007-3. The case was originally filed in state circuit court in Marion County, Florida, but was subsequently removed by the named defendant in the original complaint, Citi, on the basis of diversity of citizenship. The operative complaint for the purposes of this appeal (the Amended Complaint) sought a final judgment declaring a mortgage held by Wilmington (the Mortgage), and encumbering real estate owned in fee simple by Dorta, to be unenforceable under the five year statute of limitations applicable to [a]n action to foreclose a mortgage set forth in section 95.11(2)(c) of the Florida Statutes.