THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-20, APPELLANT,
v.
JOSE MILFORD, KARLA HERNANDEZ, UNKNOWN TENANT IN POSSESSION 1 AND UNKNOWN TENANT IN POSSESSION 2, APPELLEES
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The Fourth District reversed a dismissal for lack of standing in a mortgage foreclosure case, holding that attaching a copy of the note to the complaint and presenting the original note at trial creates an inference of possession sufficient to establish standing.
A mortgagee establishes standing to foreclose by attaching a copy of the note to the complaint and presenting the original note at trial, creating an inference of possession at the time of filing.
[1] A mortgagee establishes standing to foreclose on a mortgage by attaching a copy of the promissory note to the complaint and presenting the original note at trial, which c…
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Join FLexlaw to unlock all legal intelligence“attaching a copy of the note to the complaint, coupled with presenting the original note in the same condition later at trial, creates an inference that the plaintiff was in actual possession of the note at the time the complaint was filed”
Court's statement of the legal standard for establishing standing in mortgage foreclosure cases
Bank of New York Mellon, as trustee for certificateholders, filed a mortgage foreclosure action against Jose Milford and others, attaching a copy of t…
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We reverse the order of involuntary dismissal in this mortgage foreclosure case, because the trial court erred in concluding that the bank lacked standing to foreclose.
Since entry of the trial court’s order, we have clarified the law in this district regarding standing in mortgage foreclosure cases where a plaintiff attaches a copy of the note to the complaint. In Ortiz v. PNC Bank, National Ass’n, 188 So.3d 923 (Fla. 4th DCA 2016), we stated that attaching a copy of the note to the complaint, coupled with presenting the original note in the same condition later at trial, creates an inference that the plaintiff was in actual possession of the note at the time the complaint was filed. Id. at 925. Absent any evidence to the contrary, this is sufficient to establish standing. Id.
Here, the bank filed a copy of the note indorsed in blank with its complaint. Later at trial, through the testimony of the eus-*138todian of records for the loan servicer, the bank entered the original note into evidence. This created an inference that the bank was in possession of the note at the time it filed its complaint. Without any evidence to the contrary, this was sufficient to establish standing. See also Meilleur v. HSBC Bank USA, N.A., 194 So.3d 512, 513 (Fla. 4th DCA 2016).
Because the parties agree that, but for the standing issue, the bank was entitled to judgment, we reverse the trial court’s order of involuntary dismissal and remand with instructions to enter a judgment of foreclosure in favor of the bank.
Reversed.
Taylor, Damoorgian, and Conner, JJ., concur.
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Bank OF NEW York Mellon v. Thompson, 230 So. 3d 638 (Fla. 5th DCA 2017)…wer court concluded that Appellant failed to establish its standing to foreclose and the superiority of its lien. We reverse. Appellant is correct that the lower court erred in its conclusion regarding standing. See Bank of N.Y. Mellon v. Milford, 206 So. 3d 137, 137-38 (Fla. 4th DCA 2016) (reversing order involuntarily dismissing foreclosure case for lack of standing where bank filed copy of note indorsed in blank with complaint and offered original note into evidence at trial; this evidence created infere…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ortiz v. PNC Bank, 188 So. 3d 923 (Fla. 4th DCA 2016)
- Sirinor Meilleur v. HSBC Bank USA, 194 So. 3d 512 (Fla. 4th DCA 2016)