REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: ASSIGNMENT EXECUTED AFTER FORECLOSURE ACTION WAS FILED: UNDATED SPECIAL INDORSEMENTS WITHOUT EVIDENCE WHEN THEY WERE AFFIXED TO NOTE: LACK OF EVIDENCE OF INTENT TO TRANSFER INTEREST IN NOTE AND MORTGAGE

Jelic v. LaSalle Bank, National Association, ___ So. 3d ___, 40 Fla. L. Weekly D737 (Fla. 4th DCA March 25, 2015)

The appellate court reversed final judgment of mortgage foreclosure based upon insufficient evidence of standing because (1) an assignment of the note and mortgage occurred after the foreclosure complaint was filed, (2) special indorsements on the original note were undated, nobody testified that the indorsements were affixed to the note before the foreclosure complaint was filed, and the indorsements were made in favor of someone other than the plaintiff, (3) the pooling and servicing agreement did not clarify the situation, (4) an equitable assignment of the note and mortgage was not established because it was impossible to determine whether the individual who transferred the note and mortgage into the pooling and servicing agreement intended to transfer his interest.

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