REAL ESTATE: MORTGAGE FORECLOSURE: AFFIRMATIVE DEFENSES: STANDING: UNDATED ENDORSEMENT; CIVIL PROCEDURE: SUMMARY JUDGMENT  

LaFrance v. US Bank National Association, ___ So. 3d ___, 39 Fla. L. Weekly D1419 (Fla. 4th DCA July 9, 2014)

The appellate court reversed summary final judgment of mortgage foreclosure because the bank failed to establish unequivocally that it possessed standing when it filed its complaint.  “Here, over three-and-a-half years after filing its complaint with a photocopy of the unendorsed note, [the bank] filed the original note containing an undated endorsement in blank.  The undated endorsement fail[ed] to prove that [the bank] was the owner or holder of the note at the time of filing the complaint.”  In addition, the bank’s affidavits and the loan servicing records provided by the affiants failed to cure this deficiency.