REAL ESTATE: MORTGAGE FORECLOSURE: STANDING; CIVIL PROCEDURE: SUMMARY JUDGMENT: AFFIRMATIVE DEFENSE OF LACK OF STANDING IS NOT WAIVED BY FAILING TO RAISE IT IN A MOTION TO DISMISS

Lindsey v. Wells Fargo Bank, N.A., ___ So. 3d ___, 38 Fla. L. Weekly D464 (Fla. 1st DCA February 27, 2013)

The appellate court reversed final summary judgment of foreclosure for the plaintiff because the plaintiff failed to establish that it possessed standing and failed to refute the affirmative defense of lack of standing.  The original note named an … Click To Read Full Case Law Review...