REAL ESTATE: MORTGAGE FORECLOSURE: STANDING:  SUBSTITUTED PLAINTIFF ACQUIRES STANDING OF ORIGINAL PLAINTIFF:  SUBSTITUTED PLAINTIFF FAILED TO ESTABLISH THAT ORIGINAL PLAINTIFF POSSESSED STANDING WHEN THE FORECLOSURE ACTION WAS FILED BECAUSE IT PRODUCED AN UNDATED ENDORSEMENT IN BLANK AT TRIAL

Kiefert v. Nationstar Mortgage, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D2151 (Fla. 1st DCA October 13, 2014)

The appellate court reversed final judgment of foreclosure because the substituted plaintiff failed to establish that the original plaintiff possessed standing when the foreclosure action was filed.  An unendorsed note, payable to an entity other than the plaintiff, was … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: UNDATED ENDORSEMENT IN BLANK, FILED AFTER FORECLOSURE ACTION WAS PENDING, FAILED TO ESTABLISH STANDING WHEN THE ACTION WAS COMMENCED; CIVIL PROCEDURE: INVOLUNTARY DISMISSAL

May v. PHH Mortgage Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D1865 (Fla. 2d DCA September 3, 2014)

The appellate court reversed final judgment of mortgage foreclosure after nonjury trial because the plaintiff failed to establish standing.  When the complaint was filed, the plaintiff attached a copy of the note and mortgage issued to the original lender.  The … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: AFFIRMATIVE DEFENSES: STANDING: UNDATED ENDORSEMENT; CIVIL PROCEDURE: SUMMARY JUDGMENT  

LaFrance v. US Bank National Association, ___ So. 3d ___, 39 Fla. L. Weekly D1419 (Fla. 4th DCA July 9, 2014)

The appellate court reversed summary final judgment of mortgage foreclosure because the bank failed to establish unequivocally that it possessed standing when it filed its complaint.  “Here, over three-and-a-half years after filing its complaint with a photocopy of … Click To Read Full Case Law Review...

BUSINESS ENTITIES: LIMITED LIABILITY COMPANY: STANDING: MEMBER MUST BRING DERIVATIVE, RATHER THAN DIRECT, ACTION TO ADDRESS WRONGFUL ACTS THAT DEVALUE LIMITED LIABILITY COMPANY  

Dinuro Investments, LLC v. Camacho, ___ So. 3d ___, 39 Fla. L. Weekly D1428 (Fla. 3d DCA July 9, 2014)

Three members formed a limited liability company to develop real property.  The company obtained a bank loan to finance its operations.  When the bank required the members to make additional contributions to the company, only two of them complied.  As … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: STANDING: NON-PARTY, PRO SE LITIGANT: INJUNCTION AGAINST COURT FILINGS NOT SIGNED BY LICENSED ATTORNEY; APPEALS: APPEAL OF NON-FINAL, NON-APPEALABLE ORDER TREATED AS PETITION FOR CERTIORARI

Balch v. HSBC Bank, USA, N.A., ___ So. 3d ___, 38 Fla. L. Weekly D2570 (Fla. 5th DCA December 6, 2013)

The plaintiff filed a mortgage foreclosure against a woman.  A man, with the same last name as the defendant, filed pleadings jointly with the defendant although he was not a party to the action.  The appellate court characterized … Click To Read Full Case Law Review...