Standing To Foreclose

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

• Balch v. Lasalle Bank N.A. for Wash. Mut. Mortg. Pass-through Certificates Wmart Series 2006-5 Tr.
  171 So. 3d 207· Fla. 4th DCA· 2015-08-05 ·cited 19×
  The Florida Fourth District Court of Appeal reversed a foreclosure judgment against homeowners Sherman and AnnMarie Balch, finding that LaSalle Bank failed to establish standing at the time it filed the foreclosure complaint. The court held that LaSalle Bank did not provide suffi
• Creadon v. U.S. Bank N.A. for Bank of Am.
  166 So. 3d 952· Fla. 2d DCA· 2015-06-19 ·cited 19×
  The court held that U.S. Bank failed to prove its standing to foreclose the mortgage because it did not present sufficient evidence of holding the note or having rights as a holder.
• Jelic v. LaSALLE Bank
  160 So. 3d 127· Fla. 4th DCA· 2015-03-25 ·cited 19×
  In a foreclosure appeal, the Fourth District Court of Appeal reversed the trial court's judgment because the bank lacked standing to foreclose at the time it filed its complaint. The bank failed to establish standing through the assignment of the note (which occurred after the co
• Henri C. LaFRANCE and Marie LaFrance v. US Bank Nat'l Ass'n for CSFB Home Equity Pass-Through Certificates Series 2006-08
  141 So. 3d 754· Fla. 4th DCA· 2014-07-09 ·cited 19×
  In a mortgage foreclosure action, the Fourth District Court of Appeal reversed a summary judgment in favor of US Bank, holding that the bank failed to rebut the borrowers' affirmative defense that it lacked standing to foreclose because it did not possess a properly endorsed note
• Gonzalez v. Deutsche Bank Nat'l Tr. Co. as Indenture Tr. for Am. Home Mortg. Inv. Tr. 2006-1
  95 So. 3d 251· Fla. 2d DCA· 2012-04-20 ·cited 19×
  Elena Gonzalez appeals a summary judgment foreclosure order, challenging Deutsche Bank's standing to foreclose. The court reversed, finding a genuine issue of material fact exists regarding when Deutsche Bank obtained possession of the promissory note, which is essential to estab
• Citibank, N.A. v. Martin and Jitka Olsak
  208 So. 3d 227· Fla. 3d DCA· 2016-11-30 ·cited 18×
  Citibank, as trustee, appealed a foreclosure judgment dismissing its complaint against borrowers. The trial court relied exclusively on expert testimony containing legal conclusions rather than factual evidence to determine that the Trust lacked standing to foreclose. The appella
• Kenney v. HSBC Bank USA
  175 So. 3d 377· Fla. 4th DCA· 2015-09-24 ·cited 18×
  A plaintiff in a foreclosure action must prove it had standing at the time the complaint was filed, and a backdated assignment executed after the complaint was filed, without further supporting evidence, is insufficient to establish standing.
• Matthews v. Fed. Nat'l Mortg. Ass'n
  160 So. 3d 131· Fla. 4th DCA· 2015-03-25 ·cited 18×
  Fannie Mae brought a mortgage foreclosure action against the Matthewses but failed to establish standing at the inception of the suit. The appellate court reversed the foreclosure judgment, holding that a party must have standing to file suit at its inception and cannot remedy th
• Trent v. Mortg. Elec. Registration Sys., Inc.
  618 F. Supp. 2d 1356· M.D. Fla.· 2007-07-20 ·cited 18×
  The court held that mortgage foreclosure is not debt collection under the FCCPA and that pre-suit communications identifying MERS as a creditor, even if technically inaccurate, were not deceptive or abusive under either the FCCPA or FDUTPA.
• Green v. Jpmorgan Chase Bank, N.A.
  109 So. 3d 1285· Fla. 5th DCA· 2013-04-05 ·cited 17×
  In a mortgage foreclosure case, the Florida Fifth District Court of Appeal reversed the trial court's grant of summary judgment for JPMorgan Chase Bank, holding that the Bank failed to establish standing to foreclose because it did not prove it held the note at the time suit was
• Bank OF NEW York Mellon Tr. Co., N.A. v. Conley
  188 So. 3d 884· Fla. 4th DCA· 2016-01-06 ·cited 16×
  A bank seeking to foreclose must present competent substantial evidence of its standing, including proof of the precise chain of transfers for the note.
• Gonzalez v. BAC Home Loans Servicing, L.P.
  180 So. 3d 1106· Fla. 5th DCA· 2015-12-04 ·cited 16×
  The court held that GreenTree failed to prove it had standing to foreclose at the time the complaint was filed because the witness testimony was not based on personal knowledge and no admissible business records established the chain of endorsement and possession.
• Jarvis v. Deutsche Bank Nat'l Tr. Co. for GSR 2006-OA-1
  169 So. 3d 194· Fla. 4th DCA· 2015-06-17 ·cited 16×
  Debra Jarvis appealed a foreclosure judgment against her, arguing that Deutsche Bank lacked standing to file the foreclosure complaint. The appellate court agreed, finding that Deutsche Bank failed to establish standing through any legally permissible method at the time it filed
• Taoufiq Seffar v. Residential Credit Solutions, Inc.
  160 So. 3d 122· Fla. 4th DCA· 2015-03-25 ·cited 16×
  Appellant challenged a foreclosure judgment, arguing the lender failed to prove standing at the time suit was filed. The court agreed, finding insufficient evidence that the plaintiff held or had the right to enforce the promissory note, and reversed the foreclosure judgment.
• Rosamie Joseph v. BAC Home Loans Servicing, LP
  155 So. 3d 444· Fla. 4th DCA· 2015-01-07 ·cited 16×
  The court held that the plaintiff failed to prove standing to foreclose at the time the complaint was filed, as there was no evidence of when the note and mortgage were transferred to the plaintiff's predecessor.
• Am. Home Mortg. Servicing, Inc. v. Bednarek
  132 So. 3d 1222· Fla. 2d DCA· 2014-02-26 ·cited 16×
  American Home Mortgage Mortgage Servicing, Inc. appeals the dismissal of its foreclosure action for lack of standing. The court reversed, holding that AHMSI established standing to foreclose by possessing the original promissory note with a blank endorsement, making it the note h
• Shakil Khan and Dina Khan v. Bank OF Am., N.A.
  58 So. 3d 927· Fla. 5th DCA· 2011-04-08 ·cited 16×
  Shakil and Dina Khan appealed a summary judgment foreclosure entered in favor of Bank of America. The court reversed because Bank of America failed to establish standing to foreclose, as the note attached to its complaint showed the note had been endorsed to Wells Fargo Bank as t
• Pealer v. Wilmington Tr. Nat'l Ass'n FOR the Mfra Tr.
  212 So. 3d 1137· Fla. 2d DCA· 2017-03-17 ·cited 15×
• Jelic v. BAC Home Loans Servicing, LP
  178 So. 3d 523· Fla. 4th DCA· 2015-11-04 ·cited 15×
  A bank must properly demonstrate its standing to foreclose by proving it held the note at the time the complaint was filed, which requires more than just an assignment of the mortgage or undated endorsements.
• Fed. Nat'l Mortg. Ass'n v. Ehud Rafaeli and Lizabeth Rafaeli
  225 So. 3d 264· Fla. 4th DCA· 2017-07-19 ·cited 14×
  Federal National Mortgage Association appeals a trial court's judgment in favor of homeowners in a foreclosure action. The trial court ruled against the note owner based on grounds not raised by the homeowners, concerning the transfer of the ability to prosecute the action. The a
• U.S. Bank Nat'l Ass'n for the Holders of Csab 2007-1 v. Clarke
  192 So. 3d 620· Fla. 4th DCA· 2016-05-25 ·cited 14×
  U.S. Bank, as trustee, appealed a trial court's dismissal of its foreclosure action against a borrower, arguing it had standing to foreclose. The Fourth District Court of Appeal reversed, holding that U.S. Bank established standing by presenting a copy of the blank-endorsed note
• Caballero v. U.S. Bank Nat'l Ass'n
  189 So. 3d 1044· Fla. 2d DCA· 2016-04-20 ·cited 14×
  The Florida District Court of Appeal reversed a summary judgment foreclosure in favor of U.S. Bank, holding that U.S. Bank failed to establish standing to foreclose because it did not adequately prove the valid transfer of the promissory note through proper presentation of the or
• Purificato v. Nationstar Mortg., LLC
  182 So. 3d 821· Fla. 4th DCA· 2016-01-06 ·cited 14×
  The court held that the allonge was sufficiently affixed to the note to establish the lender's standing as holder, even if not physically attached at the time of filing.
• Perez v. Deutsche Bank Nat'l Tr. Co.
  174 So. 3d 489· Fla. 4th DCA· 2015-08-19 ·cited 14×
  The Bank failed to establish standing to foreclose because it did not prove it possessed the note prior to filing the lawsuit.
• Clement C. Brandenburg and Louise Brandenburg v. Residential Credit Solutions, Inc.
  137 So. 3d 604· Fla. 4th DCA· 2014-05-07 ·cited 14×
  The Fourth District Court of Appeal affirmed a summary judgment of foreclosure against borrowers who challenged the lender's standing. The court held that an unrecorded assignment does not invalidate the assignment and that the substituted plaintiff acquired standing through prop
• Gmac Mortg., LLC. v. Hemmawan Choengkroy and Chalermsak Maharuenchan
  98 So. 3d 781· Fla. 4th DCA· 2012-10-17 ·cited 14×
  GMAC Mortgage appeals a trial court's sua sponte dismissal of its mortgage foreclosure action for lack of standing. The appellate court reverses, holding that the trial judge erred in dismissing without a hearing and that evidence of equitable transfer prior to filing the complai
• Magloire R. Isaac and Marie R. Isaac v. Deutsche Bank Nat'l Tr. Co. for the Certificate Holders of Soundview Home Loan Tr. 2006-Opt5 Asset-Backed Certificates
  74 So. 3d 495· Fla. 4th DCA· 2011-04-06 ·cited 14×
  Deutsche Bank sought to foreclose on a mortgage and was granted summary judgment. The appellants challenged whether Deutsche Bank had standing to foreclose, arguing it failed to adequately document its ownership of the mortgage and note. The court held that Deutsche Bank establis
• Snyder v. JP Morgan Chase Bank
  169 So. 3d 1270· Fla. 4th DCA· 2015-07-29 ·cited 13×
  In this foreclosure case, the Fourth District Court of Appeal reversed the trial court's judgment of foreclosure against homeowners, holding that JP Morgan Chase failed to prove it had standing to foreclose because it did not possess the promissory note when the foreclosure compl
• Olivera v. Bank OF Am.
  141 So. 3d 770· Fla. 2d DCA· 2014-07-11 ·cited 13×
  Bank of America sought foreclosure on a mortgage originally executed in favor of Ocwen Loan Servicing, LLC. The court reversed summary judgment, finding genuine issues of material fact regarding BOA's standing to foreclose and its failure to refute the defendant's affirmative def
• US Bank v. Glicken
  228 So. 3d 1194· Fla. 5th DCA· 2017-10-27 ·cited 12×
  The court held that the plaintiff established standing to foreclose by possessing the original note with a blank indorsement before filing the complaint and producing it at trial.
• Digiovanni v. Deutsche Bank Nat'l Tr. Co.
  226 So. 3d 984· Fla. 2d DCA· 2017-04-05 ·cited 12×
  Leonardo DiGiovanni appeals a foreclosure judgment entered against him by Deutsche Bank National Trust Company. The appellate court reversed because Deutsche Bank failed to establish standing to foreclose when the trial judge improperly conducted independent research to fill evid
• Fallon Rahima Jallali v. Christiana Tr.
  200 So. 3d 149· Fla. 4th DCA· 2016-06-08 ·cited 12×
  The Fourth District Court of Appeal reversed a foreclosure judgment against Jallali, finding that Christiana Trust lacked standing to foreclose because the original lender, Countrywide, did not possess the promissory note or have a valid assignment of the mortgage at the time the
• Hidden Ridge Condo. Homeowners Ass'n, Inc. v. Onewest Bank, N.A.
  183 So. 3d 1266· Fla. 5th DCA· 2016-01-29 ·cited 12×
  Hidden Ridge Condominium Homeowners Association appeals a foreclosure judgment in favor of OneWest Bank, challenging the sufficiency of evidence presented at trial. The appellate court reverses the foreclosure judgment, finding that OneWest failed to properly establish the founda
• Dickson v. Roseville Props., LLC
  198 So. 3d 48· Fla. 2d DCA· 2015-11-06 ·cited 12×
  In a residential foreclosure action, the appellate court reversed the trial court's judgment for the lender because the original plaintiff (Nationstar) failed to prove it had standing to file the foreclosure suit when it was initially filed. Even though a substituted plaintiff (R
• Lindsey v. Wells Fargo Bank
  139 So. 3d 903· Fla. 1st DCA· 2013-02-27 ·cited 12×
  James K. Lindsey appeals a summary judgment in Wells Fargo's favor in a mortgage foreclosure action. The court reversed, holding that Wells Fargo failed to establish standing to foreclose because it did not demonstrate ownership of the promissory note at the time the foreclosure
• Cutler v. U.S. Bank Nat'l Ass'n for the Structured Asset Inv. Loan Tr.
  109 So. 3d 224· Fla. 2d DCA· 2012-09-21 ·cited 12×
  The court held that a genuine issue of material fact exists regarding whether U.S. Bank was the proper holder of the note at the time it filed its foreclosure complaint, precluding summary judgment.
• Partridge v. Nationstar Mortg., LLC
  224 So. 3d 839· Fla. 2d DCA· 2017-08-11 ·cited 11×
  A party seeking foreclosure must present evidence of ownership and possession of the note, and leaving the original note with the court clerk does not establish such possession for standing purposes.
• Vogel v. Wells Fargo Bank, N.A.
  192 So. 3d 714· Fla. 4th DCA· 2016-06-08 ·cited 11×
  The Fourth District Court of Appeal reversed a foreclosure judgment against homeowners Alicia and Howard Vogel, finding that Wells Fargo Bank failed to establish standing to foreclose by not proving it possessed the promissory note with proper endorsements at the time the complai
• Tremblay v. U.S. Bank, N.A.
  164 So. 3d 85· Fla. 4th DCA· 2015-05-06 ·cited 11×
  Homeowners appealed a foreclosure judgment, arguing the bank lacked standing to foreclose when it filed its complaint. The court reversed, finding the bank failed to demonstrate it held the note at the time of filing, as testimony showed the servicer was the actual holder since 2
• 3709 N. Flagler Drive Prodigy Land Tr. v. Bank OF Am., N.A.
  226 So. 3d 1040· Fla. 4th DCA· 2017-08-30 ·cited 10×
  A property owner who acquired title via quitclaim deed before foreclosure proceedings were filed has standing to contest the foreclosing bank's authority to bring the action. The trial court erred in preventing the owner from asserting lack of standing as an affirmative defense,
• Citibank v. Tangerine J. Manning
  221 So. 3d 677· Fla. 4th DCA· 2017-06-21 ·cited 10×
  Citibank, as trustee, appealed a trial court's final judgment in favor of the borrower in a mortgage foreclosure action. The appellate court reversed, finding that Citibank established both compliance with the mortgage's notice requirement (breach letter) and standing to foreclos
• Nationstar Mortg., LLC v. U.N. KEE Wing
  210 So. 3d 216· Fla. 5th DCA· 2017-01-27 ·cited 10×
  Nationstar Mortgage appealed the trial court's involuntary dismissal of its foreclosure action after presenting evidence of a lost promissory note. The Fifth District Court of Appeal reversed, holding that Nationstar presented prima facie evidence satisfying the statutory require
• Freiman v. Nat'l City Mortg. Co.
  183 So. 3d 1111· Fla. 4th DCA· 2015-07-15 ·cited 10×
  Appellant Freiman appeals a final foreclosure judgment, challenging the trial court's award of attorney's fees to the bank. The court affirmed the foreclosure judgment but reversed the attorney's fee award due to lack of evidentiary support at trial.
• Everhome Mortg. Co. v. Janssen
  100 So. 3d 1239· Fla. 2d DCA· 2012-11-14 ·cited 10×
  Everhome Mortgage Company appealed a trial court order that vacated its foreclosure judgment against the Janssens, finding Everhome lacked standing because it was not the holder of the mortgage when it filed suit. The appellate court reversed, holding that possession of the note
• U.S. Bank Nat'l Ass'n v. Becker
  211 So. 3d 142· Fla. 4th DCA· 2017-02-08 ·cited 9×
  A party establishes standing to foreclose by demonstrating possession of the original note indorsed in blank at the time the lawsuit was filed.
• Sanchez v. Suntrust Bank
  179 So. 3d 538· Fla. 4th DCA· 2015-11-25 ·cited 9×
  Appellants challenged a foreclosure judgment, arguing the trial court erred in admitting business records without proper foundation. The Fourth District Court of Appeal agreed, finding the bank failed to establish that documents were made at or near the time of the events they de
• Bank OF NEW York Mellon v. Burgiel
  248 So. 3d 237· Fla. 5th DCA· 2018-05-25 ·cited 8×
  The court held that the bank established standing to foreclose by attaching a copy of the note with a blank endorsement to its complaint and later filing the original note, which was sufficient evidence.
• Wachovia Mortg. v. Goodwill
  199 So. 3d 346· Fla. 4th DCA· 2016-08-10 ·cited 8×
  Wachovia Mortgage appealed the trial court's dismissal of its mortgage foreclosure suit against borrowers Goodwill and Fitzgerald. The appellate court reversed the dismissal, finding sufficient evidence of Wachovia's standing to foreclose and the amount of damages owed, but reman
• Segall v. Wachovia Bank
  192 So. 3d 1241· Fla. 4th DCA· 2016-06-01 ·cited 8×
  Abraham Segall appealed a foreclosure judgment, contesting Wachovia Bank's standing to foreclose based on the chain of title to the promissory note. The Fourth District Court of Appeal reversed the foreclosure judgment, holding that Wachovia failed to provide sufficient evidence
• Bank OF Am., N.A. v. Nash
  200 So. 3d 131· Fla. 5th DCA· 2016-05-06 ·cited 8×
  Bank of America appealed a trial court's judgment denying its foreclosure action against Linda Nash and invalidating the note and mortgage. The appellate court reversed, finding that Bank had standing to foreclose as the successor entity to the original servicer, that licensing a