Lloyd v. The Bank of New York Mellon, ___ So. 3d ___, 40 Fla. L. Weekly D732 (Fla. 4th DCA March 25, 2015)
The appellate court reversed final judgment of mortgage foreclosure because the plaintiff failed to establish standing. The plaintiff’s witness at trial “was unable to say whether the note attached to the initial complaint was the most recent copy of that document, and could only assume that was the case. He also did not provide any information definitively establishing that Plaintiff had possession of the note prior to the time it filed its initial complaint. As a result, Plaintiff was unable to prove it had ‘standing to bring a mortgage foreclosure complaint by establishing an assignment or equitable transfer of the note and mortgage prior to instituting the complaint.’” A backdated assignment was insufficient to establish standing. “Because neither the information included in the record nor the witness’s testimony resolved the issue of when the assignments to the Plaintiff occurred, it [could not] be said that the assignment of the note and mortgage took place ‘prior to instituting the complaint.’”
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