• GMAC Mortgage, LLC v. Choengkroy
  • December 26, 2012
  • Law Firm: Sirote Permutt P.C. - Birmingham Office
  • This case originated as a foreclosure action out of Indian River County. GMAC filed the complaint which included copies of the mortgage and promissory note. The defendants failed to file a response resulting in the clerk entering a default. GMAC moved for summary judgment, but the trial court, without a motion or any appearance by the debtor, entered a final order dismissing the case on the grounds that “the mortgage was not assigned until after the action was filed on March 22, 2010.” In the final order, the trial court found that “when the action was filed the mortgage was not owned by [GMAC] and [GMAC] lacked standing to file the complaint.”