7825 MYRTLE OAK LANE, LLC AND ANDREW LA ROSA, APPELLANTS,
v.
BANK OF NEW YORK MELLON, ETC., ET AL., APPELLEES
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The court reversed a foreclosure judgment because Bank of New York Mellon failed to establish standing to bring the action at the time the lawsuit was filed, as it did not prove the note endorsement occurred before the complaint was filed.
A foreclosure plaintiff must establish standing at the time the lawsuit is filed, and where standing derives from a note endorsement, the plaintiff must prove the endorsement occurred prior to the inception of the lawsuit.
[1] In a foreclosure action, a plaintiff's standing is determined at the time the lawsuit is filed, and where standing derives from a note endorsement, the plaintiff must pro…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a party's standing is determined at the time the lawsuit was filed and that [w]here the plaintiff contends that its standing to foreclose derives from an endorsement of the note, the plaintiff must show that the endorsement occurred prior to the inception of the lawsuit.”
The court cited McLean v. JP Morgan Chase Bank Nat'l Ass'n for the principle that standing must be established at the time of filing and requires proof of prior endorsement.
Andrew La Rosa and 7825 Myrtle Oak Lane, LLC were defendants in a foreclosure action brought by Bank of New York Mellon. The trial court entered a fin…
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Andrew La Rosa and 7825 Myrtle Oak Lane, LLC, appeal a final judgment of foreclosure entered in favor of Bank of New York Mellon (“Bank”). We find merit in Appellants’ argument that Bank of New York Mellon failed to establish that it had standing to bring the foreclosure action. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173-74 (Fla. 4th DCA 2012) (holding that a party’s standing is determined at the time the lawsuit was filed” and that “[wjhere the plaintiff contends that its standing to foreclose derives from an endorsement of the note, the plaintiff must show that the endorsement occurred prior to the inception of the lawsuit.” (citing Progressive Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So.2d 1281, 1286 (Fla. 2d DCA 2005))); Gonzalez v. BAC Home Loans Servicing, L.P., 180 So.3d 1106, 1108 (Fla. 5th DCA 2015) (reiterating that the testimony of a witness regarding business records not entered into evidence at trial is insufficient to prove standing in a foreclosure case (citing Schmidt v. Deutsche Bank, 170 So.3d 938, 941 (Fla 5th DCA 2015))). Accordingly, we reverse with directions that the trial court enter an order of involuntary dismissal of the action. See Schmidt, 170 So.3d at 942 (“Because Bank failed to establish standing at the time of filing of the complaint, we reverse and remand for entry of a final order of involuntary dismissal of the action.”).
REVERSED.
BERGER, LAMBERT and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McLEAN v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
- Progressive Express Ins. Co. v. McGRATH Community Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005)
- Schmidt v. Deutsche Bank, 170 So. 3d 938 (Fla. 5th DCA 2015)
- Gonzalez v. BAC Home Loans Servicing, L.P., 180 So. 3d 1106 (Fla. 5th DCA 2015)