DAVID HALL AND ELLIS CRISSON, APPELLANTS,
v.
REO ASSET ACQUISITIONS, LLC, APPELLEE

Fla. 4th DCA | 2012-03-21
No. 4D10-2739
WARNER, DAMOORGIAN and CONNER, JJ., concur.
84 So. 3d 388 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 3 cases
Topics
Proof Of Ownership Blank Endorsement Standing To Foreclose Foreclosure

Explore caselaw by topic → Browse Proof Of Ownership cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Based on McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170 (Fla. 4th DCA 2012), we reverse the final summary judgment of foreclosure. There is a material issue of fact as to appellee’s standing to foreclose. While the note introduced had a blank endorsement and was sufficient to prove ownership by appellee, who possessed the note, nothing in the record shows that the note was acquired prior to the filing of the complaint. The endorsement did not contain a date, nor did the affidavit filed in support of the motion for summary judgment contain any sworn statement that the note was owned by the plaintiff on the date that the complaint was filed. Therefore, appellee “failed to submit any record evidence proving that it had the right to enforce the note on the date the complaint was filed.” Id. at D336. Summary judgment was improperly entered where this question of fact remained.

Reversed and remanded for vacation of judgment and further proceedings.

WARNER, DAMOORGIAN and CONNER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Cromarty v. Wells Fargo Bank, NA, 110 So. 3d 988 (Fla. 4th DCA 2013)
    …and the bank’s evidence was insufficient to establish that it held the note and was entitled to enforce the note at the time it filed suit. We agree with the borrowers’ argument as to standing and reverse. See Hall v. REO Asset Acquisitions, LLC, 84 So. 3d 388 (Fla. 4th DCA 2012) (“While the note introduced had a blank endorsement and was sufficient to prove ownership by ap-pellee, who possessed the note, nothing in the record shows that the note was acquired prior to the filing of the complaint. The endo…
  • Deutsche Bank Nat'l Tr. Co. for New Century Home Equity Loan Tr. Series 2005-C Asset Backed Pass Through Certificates v. Boglioli, 154 So. 3d 494 (Fla. 4th DCA 2015)
    …ss’n, 142 So. 3d 983, 984 (Fla. 4th DCA 2014); Bristol v. Wells Fargo Bank, Nat’l Ass’n, 137 So. 3d 1130, 1132 (Fla. 4th DCA 2014); Vidal v. Liquidation Props., Inc., 104 So. 3d 1274, 1276-78 (Fla. 4th DCA 2013); Hall v. REO Asset Acquisitions, LLC, 84 So. 3d 388 (Fla. 4th DCA 2012). Accordingly, we affirm the final judgment under the “tipsy coachman” doctrine1 based on [*496] appellant’s failure to demonstrate it had standing to foreclose at the time it filed the complaint. Affirmed. CIKLIN, GERBER a…
  • Abdel (Darwish) Darwiche and Batoul (Darwish) Darwiche v. The Bank OF NEW York Mellon, 185 So. 3d 1261 (Fla. 4th DCA 2016)
    …t of the motion for summary judgment contain any sworn statement that the note was owned by the plaintiff on the date that the complaint was filed.” (emphasis added and- internal quotation marks omitted) (quoting Hall v. REO Asset Acquisitions, LLC, 84 So. 3d 388 (Fla. 4th DCA 2012))). ■ As to the assignment of mortgage, upon which the bank relied to establish its standing, we agree with Appellants that genuine issues of material fact remained as to whether the assignment of mortgage was sufficient to estab…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw