Standing To Foreclose

295 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• McLEAN v. JP Morgan Chase Bank Nat'l Ass'n
  79 So. 3d 170· Fla. 4th DCA· 2012-02-08 ·cited 290×
  Robert McLean appeals a summary judgment foreclosure entered against him by JP Morgan Chase Bank. The court reverses, holding that Chase failed to establish it had standing to foreclose at the time the complaint was filed, as the mortgage assignment and note endorsement occurred
• Focht v. Wells Fargo Bank, N.A.
  124 So. 3d 308· Fla. 2d DCA· 2013-09-25 ·cited 111×
  A plaintiff in a foreclosure action must establish standing at the time the complaint is filed; a post-filing assignment or possession of the note does not cure an initial lack of standing.
• Ortiz v. PNC Bank
  188 So. 3d 923· Fla. 4th DCA· 2016-03-30 ·cited 98×
  In this foreclosure appeal, the Fourth District Court of Appeal addresses whether PNC Bank had standing to foreclose and whether it complied with mortgage notice requirements. The court affirms the trial court's judgment for the Bank, holding that the Bank established standing th
• Moshe Mazine and Jaacov E. Bouskila v. M & I Bank
  67 So. 3d 1129· Fla. 1st DCA· 2011-07-22 ·cited 79×
  Appellants challenged a mortgage foreclosure judgment entered against them by M & I Bank. The court reversed the judgment, finding that the bank failed to establish standing to foreclose because it did not demonstrate ownership of the note and mortgage, and because critical evide
• Daniel and Nancy Kiefert v. Nationstar Mortg., LLC
  153 So. 3d 351· Fla. 1st DCA· 2014-12-16 ·cited 74×
  The Kieferts appeal a foreclosure judgment, arguing that Nationstar Mortgage lacked standing to foreclose. The court reversed, holding that the original plaintiff Aurora Loan Services failed to establish standing because it did not prove the note was endorsed to it before filing
• BAC Funding Consortium Inc. Isaoa/Atima v. Ginelle Jean-Jacques
  28 So. 3d 936· Fla. 2d DCA· 2010-02-12 ·cited 74×
  BAC Funding challenges a summary judgment of foreclosure entered against it by U.S. Bank, arguing U.S. Bank lacked standing to foreclose because it failed to establish it was the holder of the note and mortgage. The court reverses, holding that U.S. Bank did not meet its burden o
• Adiel Gorel & Flca Tropical Holdings, LLC v. The Bank OF NEW York Mellon
  165 So. 3d 44· Fla. 5th DCA· 2015-05-08 ·cited 63×
  Bank of New York Mellon sought to foreclose on a mortgage after the borrower defaulted. The Fifth District reversed the foreclosure judgment, holding that Bank failed to establish standing to foreclose because the original note bore a special indorsement to JP Morgan Chase Bank a
• Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank Nat'l Tr. Co. for Long Beach Mortg. Loan Tr.
  149 So. 3d 152· Fla. 1st DCA· 2014-10-14 ·cited 59×
  Deutsche Bank sought to foreclose on the Lacombes' mortgage, but the appellate court reversed the foreclosure judgment because Deutsche Bank failed to present sufficient evidence of its standing to enforce the note at the time it filed the complaint. The court found Deutsche Bank
• Stone v. Bankunited
  115 So. 3d 411· Fla. 2d DCA· 2013-05-03 ·cited 59×
  The court held that the bank established standing to foreclose because it presented competent, substantial evidence of ownership through a purchase assumption agreement following a receivership.
• Guiseppe Servedio v. US Bank Nat'l Ass'n
  46 So. 3d 1105· Fla. 4th DCA· 2010-10-27 ·cited 59×
  This appeal addresses whether a mortgage lender seeking foreclosure must present the original promissory note to establish standing. The court reversed summary judgment for US Bank because it failed to file the original note with the court prior to judgment, creating a genuine is
• Rigby v. Wells Fargo Bank
  84 So. 3d 1195· Fla. 4th DCA· 2012-04-04 ·cited 55×
  Wells Fargo sought to foreclose on a mortgage held by the Rigbys. The trial court granted summary judgment for the bank, but the appellate court reversed, holding that the bank failed to establish standing to foreclose because it did not demonstrate possession of the note at the
• Natacha Peuguero and Angelo Peuguero v. Bank OF Am., N.A.
  169 So. 3d 1198· Fla. 4th DCA· 2015-07-15 ·cited 53×
  Natacha and Angelo Peuguero appealed a foreclosure judgment entered against them by Bank of America. The appellate court affirmed the foreclosure but reversed and remanded the judgment amount, holding that while the bank proved standing to foreclose, it failed to provide sufficie
• Lavern Dixon v. Express Equity Lending Grp., LLLP
  125 So. 3d 965· Fla. 4th DCA· 2013-06-05 ·cited 52×
  A special indorsement on a note payable to a specific entity makes that entity the only party with standing to negotiate the instrument and bring a foreclosure action.
• Ginnifer GEE v. U.S. Bank Nat'l Ass'n
  72 So. 3d 211· Fla. 5th DCA· 2011-09-30 ·cited 49×
  Ginnifer Gee appeals from a summary judgment of foreclosure entered in favor of U.S. Bank National Association. The Florida Fifth District Court of Appeal reversed, holding that U.S. Bank failed to establish standing to foreclose because it did not prove ownership of the mortgage
• Russell v. Aurora Loan Servs., LLC
  163 So. 3d 639· Fla. 2d DCA· 2015-04-24 ·cited 45×
  Russell appeals a foreclosure judgment entered against him, arguing the original plaintiff Aurora lacked standing to initiate the foreclosure. The court reversed, holding that Aurora failed to establish it was a holder of the note or authorized servicer with proper documentation
• Murray v. HSBC Bank USA
  157 So. 3d 355· Fla. 4th DCA· 2015-01-21 ·cited 45×
  HSBC sought to foreclose on a mortgage held by the Murrays, claiming standing as a nonholder in possession with the rights of a holder under Florida law. The Fourth DCA reversed the foreclosure judgment, holding that HSBC failed to establish the required chain of title from the o
• Alva Sosa and Alex Amador v. U.S. Bank Nat'l Ass'n
  153 So. 3d 950· Fla. 4th DCA· 2014-12-10 ·cited 45×
  Homeowners appealed a final judgment of foreclosure, claiming the bank lacked standing to initiate the action. The court reversed the judgment, finding that the bank failed to establish when it became the owner of the promissory note, which is essential to proving standing to for
• Caraccia v. U.S. Bank
  185 So. 3d 1277· Fla. 4th DCA· 2016-02-24 ·cited 44×
  Thomas Caraccia appeals a foreclosure judgment entered against him by U.S. Bank, arguing that U.S. Bank lacked standing to foreclose and failed to comply with notice procedures. The Fourth District Court of Appeal affirmed, holding that U.S. Bank had constructive possession of th
• Lamb v. Nationstar Mortg., LLC
  174 So. 3d 1039· Fla. 4th DCA· 2015-08-19 ·cited 44×
  The court held that Nationstar Mortgage, LLC, failed to prove its standing to enforce the note and mortgage at the time final judgment was entered.
• Desylvester v. The Bank OF NEW York Mellon
  219 So. 3d 1016· Fla. 2d DCA· 2017-06-14 ·cited 41×
  In a mortgage foreclosure appeal, the Second District Court of Appeal affirmed the trial court's judgment for the bank, holding that a subsequent foreclosure action filed after dismissal of an initial foreclosure action is not barred by Florida's five-year statute of limitations
• MAY v. PHH Mortg. Corp.
  150 So. 3d 247· Fla. 2d DCA· 2014-09-03 ·cited 41×
  The bank lacked standing to foreclose because it failed to demonstrate possession of the note at the time the complaint was filed.
• Deutsche Bank Nat'l Tr. Co. v. Kummer
  195 So. 3d 1173· Fla. 2d DCA· 2016-07-01 ·cited 39×
  The court held that the trial court erred by weighing the evidence and making credibility determinations when granting an involuntary dismissal, and that the plaintiff had presented a prima facie case.
• Vidal v. Liquidation Props., Inc.
  104 So. 3d 1274· Fla. 4th DCA· 2013-01-09 ·cited 39×
• Tilus v. AS Michai LLC
  161 So. 3d 1284· Fla. 4th DCA· 2015-04-08 ·cited 37×
  A plaintiff must demonstrate standing at the inception of a foreclosure lawsuit, and an undated endorsement or assignment of mortgage alone is insufficient proof.
• Hunter v. Aurora Loan Servs., LLC
  137 So. 3d 570· Fla. 1st DCA· 2014-04-25 ·cited 35×
  Lewis B. Hunter, Jr. appealed a foreclosure judgment against him, arguing that Aurora Loan Services, LLC lacked standing to foreclose. The court reversed the judgment, finding that Aurora's evidence of ownership of the promissory note was inadmissible hearsay because it failed to
• Figueroa v. Fed. Nat'l Mortg. Ass'n
  180 So. 3d 1110· Fla. 5th DCA· 2015-12-04 ·cited 33×
  Fannie Mae sought to foreclose on Juan Figueroa's mortgage, but the trial court entered judgment despite the plaintiff's failure to present competent evidence of essential elements. The Fifth District reversed, holding that Fannie Mae failed to reestablish the lost note, prove st
• Schmidt v. Deutsche Bank
  170 So. 3d 938· Fla. 5th DCA· 2015-07-31 ·cited 31×
  Borrowers appealed a foreclosure judgment, arguing the lender Deutsche Bank lacked standing to foreclose because it failed to prove it possessed the original promissory note and allonge at the time it filed suit. The Fifth District reversed, holding that Bank's conclusory testimo
• Blyth v. Ocwen Loan Servicing, LLC
  308 So. 3d 953· Fla. 4th DCA· 2021-08-18 ·cited 30×
  A prevailing defendant in a foreclosure action is entitled to attorney's fees under section 57.105(7), Florida Statutes, when the mortgage contains an attorney's fees provision, even if the lender was not assigned the note, provided the parties are not strangers to the contract.
• Rodriguez v. Wells Fargo Bank, N.A.
  178 So. 3d 62· Fla. 4th DCA· 2015-10-14 ·cited 30×
  This case addresses the imprecision in foreclosure law regarding a plaintiff's standing, specifically when a plaintiff alleges alternative statuses as a holder or a nonholder in possession with the rights of a holder.
• Clay Cnty. Land Tr. # 08-04-25-0078-014-27 v. Jpmorgan Chase Bank
  152 So. 3d 83· Fla. 1st DCA· 2014-11-20 ·cited 30×
  The court held that the appellant lacked standing to challenge the notice of default, but the affidavit regarding the amount owed contained inadmissible hearsay, requiring a remand for recalculation.
• Meranda W. Bolous v. U.S. Bank Nat'l Ass'n for Credit Suisse First Boston Mortg. Sec. Corp.
  210 So. 3d 691· Fla. 4th DCA· 2016-11-02 ·cited 28×
  The Fourth District Court of Appeal affirmed a foreclosure judgment, holding that a bank established standing to foreclose by presenting evidence that the borrower's loan was included in a pooling and servicing agreement dated before the complaint was filed, distinguishing the ca
• Bristol v. Wells Fargo Bank
  137 So. 3d 1130· Fla. 4th DCA· 2014-04-02 ·cited 28×
  The appellate court reversed a final judgment of foreclosure, agreeing with the borrower that a genuine issue of material fact existed as to the bank's standing to foreclose.
• Venture Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC
  75 So. 3d 773· Fla. 4th DCA· 2011-11-23 ·cited 28×
  A.I.M. Funding Group brought three consolidated mortgage foreclosure actions against borrowers who defaulted on their loans. The Fourth District Court of Appeal reversed the summary judgments because A.I.M. failed to produce the original promissory notes or account for their abse
• Harvey v. Deutsche Bank Nat'l Tr. Co.
  69 So. 3d 300· Fla. 4th DCA· 2011-04-20 ·cited 28×
• Paul v. Wells Fargo Bank, N.A.
  68 So. 3d 979· Fla. 2d DCA· 2011-09-02 ·cited 27×
  Joan Paul appeals the trial court's denial of her motion to set aside a default foreclosure judgment entered against her. The court reversed and remanded, holding that the trial court mistakenly believed it lacked discretion to grant relief after the foreclosure sale and that men
• Taylor v. Deutsche Bank Nat'l Tr. Co.
  44 So. 3d 618· Fla. 5th DCA· 2010-08-06 ·cited 27×
  Gregory Taylor appeals a summary judgment foreclosure in favor of Deutsche Bank, challenging whether Deutsche Bank had standing to foreclose a mortgage registered through the MERS system. The court affirms, holding that MERS, as a nonholder in possession with explicit contractual
• ST. Clair v. U.S. Bank Nat'l Ass'n Terwin Mortg. Tr. 2005 8HE Asset-Backed Certificates
  173 So. 3d 1045· Fla. 2d DCA· 2015-07-17 ·cited 26×
  U.S. Bank sought to foreclose on Ronald St. Clair's mortgage but failed to establish standing because it could not prove it actually acquired the unindorsed note and mortgage from the original lender. The court reversed the foreclosure judgment, holding that mere possession of an
• Snowden v. Wells Fargo Bank
  172 So. 3d 506· Fla. 1st DCA· 2015-08-04 ·cited 25×
  The appellate court affirmed the foreclosure judgment because the appellant failed to provide a sufficient record to demonstrate reversible error regarding the appellee's standing.
• Tamra Fiorito v. JP Morgan Chase Bank
  174 So. 3d 519· Fla. 4th DCA· 2015-08-26 ·cited 24×
  A party seeking foreclosure must establish standing at the time the complaint is filed, which requires proof that the endorsement on the note occurred prior to the lawsuit's inception.
• Lane A. Houk v. Pennymac Corp.
  210 So. 3d 726· Fla. 2d DCA· 2017-02-10 ·cited 23×
  Lane Houk appealed a summary judgment of foreclosure against him, challenging whether PennyMac Corp. had standing to enforce a lost mortgage note after being substituted as plaintiff in place of CitiMortgage, Inc. The Second District reversed, finding genuine issues of material f
• Deutsche Bank Nat'l Tr. Co. v. Ari F. Marciano
  190 So. 3d 166· Fla. 5th DCA· 2016-04-08 ·cited 23×
  The court held that the lender presented sufficient evidence of standing to foreclose because the pooling and servicing agreement demonstrated possession of the blank-endorsed note prior to the complaint filing.
• Lloyd v. The Bank OF NEW York Mellon
  160 So. 3d 513· Fla. 4th DCA· 2015-03-25 ·cited 22×
  The appellate court held that the plaintiff failed to prove it had standing to foreclose at the time the lawsuit was filed, as the evidence did not sufficiently establish when the note and mortgage were assigned to the plaintiff.
• Wells Fargo Bank v. Bohatka
  112 So. 3d 596· Fla. 1st DCA· 2013-04-22 ·cited 22×
  Wells Fargo Bank appealed a trial court's dismissal with prejudice of its mortgage foreclosure complaint against the Bohatkas for allegedly lacking standing to foreclose. The First District Court of Appeal reversed, holding that dismissal with prejudice was improper and that the
• Ngoc T. Phan v. Deutsche Bank Nat'l Tr. Co. for First Franklin Mortg. Loan Tr. 2006-FF11
  198 So. 3d 744· Fla. 2d DCA· 2016-02-26 ·cited 21×
  Ngoc Phan challenged Deutsche Bank's standing to foreclose on her mortgage, arguing Deutsche Bank lacked possession of her note when filing suit. The Florida Second District Court of Appeal affirmed the foreclosure judgment, holding that a lender can establish standing through co
• Morgan v. The Bank OF NEW York Mellon
  200 So. 3d 792· Fla. 1st DCA· 2016-09-19 ·cited 20×
  Linda Morgan, a defendant in a mortgage foreclosure action brought by Bank of New York Mellon, appealed the trial court's denial of her motion to amend her answer to raise affirmative defenses. The appellate court held that the trial court abused its discretion in denying the mot
• Peoples v. Sami II Tr. 2006-AR6
  178 So. 3d 67· Fla. 4th DCA· 2015-10-14 ·cited 20×
  A lender must prove it had standing to foreclose at the time the complaint was filed, and standing acquired after the filing cannot cure the initial defect.
• Pennington v. Ocwen Loan Servicing, LLC
  151 So. 3d 52· Fla. 1st DCA· 2014-11-06 ·cited 20×
  The court held that Ocwen failed to establish standing to foreclose because it did not possess a valid indorsement or assignment of the note, and therefore, the trial court should have entered judgment for the defendant.
• Forrest v. Citi Residential Lending, Inc.
  73 So. 3d 269· Fla. 2d DCA· 2011-06-29 ·cited 20×
  A law firm representing defendants in a mortgage foreclosure action posted video depositions of nonparty witnesses on YouTube without their consent. The trial court issued a temporary injunction prohibiting further posting. The appellate court upheld the injunction as a proper ex
• Corrigan v. Bank OF Am., N.A.
  189 So. 3d 187· Fla. 2d DCA· 2016-02-05 ·cited 19×
  A bank can establish standing to foreclose by submitting a note with a blank endorsement, and witness testimony regarding business records is admissible if the witness has personal knowledge of the servicer's procedures.
• CQB v. The Bank OF NEW York Mellon
  177 So. 3d 644· Fla. 1st DCA· 2015-10-06 ·cited 19×
  The court held that it lacked jurisdiction to review the discovery order via certiorari because the petitioner failed to demonstrate that the denial of discovery caused material, irreparable harm that could not be remedied on appeal.