Tilus v. AS Michai LLC, ___ So. 3d ___, 40 Fla. L. Weekly D618 (Fla. 4th DCA March 11, 2015)
The plaintiff filed the original note with an undated, blank endorsement more than one month after it filed the action to foreclose on the mortgage. The plaintiff also filed an assignment, but the assignment was limited to the mortgage and did not include the note. As a result, the appellate court reversed final summary judgment of mortgage foreclosure based on the plaintiff’s failure to prove that it possessed standing when the action was filed. An undated, blank endorsement, filed after the commencement of the lawsuit, fails to establish standing when the lawsuit was filed. Furthermore, the assignment of a mortgage, regardless when it is filed, fails to establish standing if it does not include an assignment of the note. The mortgage follow the assignment rather than the other way around. “[A]n assignment of the mortgage without an assignment of the debt creates no right in the assignee.”
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