REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: STANDING WAS NOT ESTABLISHED BY UNDATED BLANK ENDORSEMENT INTRODUCED AT TRIAL OR BY BACKDATED ASSIGNMENT

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Matthews v. Federal National Mortgage Association, ___ So. 3d ___, 40 Fla. L. Weekly D729 (Fla. 4th DCA March 25, 2015)

The trial court reversed final judgment of foreclosure based upon lack of standing. The note attached to the complaint was not payable to the plaintiff, and it did not contain any endorsements. Although the original note with a … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: PLAINTIFF FAILED TO ESTABLISH STANDING BECAUSE ITS WITNESS WAS UNABLE TO SAY WHETHER THE NOTE ATTACHED TO THE INITIAL COMPLAINT WAS THE MOST RECENT COPY OF THAT DOCUMENT AND DID NOT PROVIDE ANY INFORMATION DEFINITIVELY ESTALISHING THAT PLAINTIFF HAD POSSESSION OF THE NOTE PRIOR TO THE TIME IT FILED ITS INITIAL COMPLAINT: STANDING WAS NOT ESTABLISHED BY BACKDATED ASSIGNMENT BECAUSE OF THE ABSENCE OF EVIDENCE THAT AN EQUITABLE TRANSFER OF THE NOTE AND MORTGAGE OCCURRED BEFORE SUIT WAS FILED

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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 … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: BREAK IN CHAIN OF OWNERSHIP OF, OR RIGHT TO POSSESS, NOTE

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Seffar v. Residential Credit Solutions, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D734 (Fla. 4th DCA March 25, 2015)

The appellate court reversed final judgment of foreclosure because of insufficient evidence of standing. RCS, a loan servicer, was the original plaintiff. Bayview, the subsequent loan servicer, was substituted as the plaintiff before trial. The original note was … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: NOTE WITH UNDATED BLANK ENDORSEMENT, FILED AFTER COMMENCEMENT OF LAWSUIT, FAILS TO ESTABLISH STANDING: ASSIGNMENT ONLY OF MORTGAGE FAILS TO ESTABLISH STANDING

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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 … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: EVIDENCE: HEARSAY: BUSINESS RECORDS: LOAN PAYMENT HISTORY: FINAL JUDGMENT OF FORECLOSURE REVERSED BECAUSE BANK FAILED TO ESTABLISH THAT LOAN PAYMENT HISTORY SATISFIED BUSINESS RECORDS EXCEPTION TO HEARSAY RULE OR THAT IT HAD STANDING WHEN LAWSUIT WAS FILED

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Henderson v. Deutsche Bank National Trust Company, ___ So. 3d ___, 40 Fla. L. Weekly D380 (Fla. 4th DCA February 11, 2015)

The appellate court reversed final judgment of mortgage foreclosure after a bench trial because the bank failed to establish that its loan payment history qualified under the business records exception to the hearsay rule or that it possessed … Click To Read Full Case Law Review...