REAL ESTATE: MORTGAGE FORECLOSURE: STANDING; CIVIL PROCEDURE: SUMMARY JUDGMENT

Saver v. JP Morgan Chase Bank, ___ So. 3d ___, 38 Fla. L. Weekly D1067 (Fla. 4th DCA May 15, 2013)

The appellate court reversed final summary judgment of mortgage foreclosure for the plaintiff because it failed to establish that it possessed standing to foreclose when it filed its complaint.  Standing may be established by “1) a special endorsement on the note in favor of the plaintiff or a blank endorsement, 2) evidence of an assignment from the payee to the plaintiff, or 3) an affidavit of ownership.”  In this case, the plaintiff’s “affidavits were executed after it filed suit,” and “they did not state when [the plaintiff] became the owner of the note nor did they indicate that [the plaintiff] was the owner of the note before it filed suit.”