Standing To Foreclose

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

• Sorrell v. U.S. Bank Nat'l Ass'n for Structured Asset Sec. Corp. Mortg. Pass-Through Certificates
  198 So. 3d 845· Fla. 2d DCA· 2016-04-06 ·cited 8×
  Michael Sorrell appeals a foreclosure judgment entered against him in favor of U.S. Bank. The court reversed, holding that U.S. Bank failed to prove it had standing to foreclose on the date it filed the original complaint, as it could not demonstrate ownership or possession of th
• Selva Adriana Calvo and Marcos Fabian Calvo v. U.S. Bank Nat'l Ass'n for Structured Asset Sec. Corp. Mortg. Pass-Through Certificates
  181 So. 3d 562· Fla. 4th DCA· 2015-12-16 ·cited 8×
  The Florida Fourth District Court of Appeal reversed a foreclosure judgment against homeowners Selva and Marcos Calvo, finding that U.S. Bank failed to establish standing to foreclose because it did not prove possession of the indorsed promissory note when the complaint was filed
• Tomlinson v. Gmac Mortg., LLC
  173 So. 3d 1121· Fla. 2d DCA· 2015-09-02 ·cited 8×
  GMAC Mortgage failed to establish standing to foreclose because it did not prove it held the promissory note at the time it filed the foreclosure complaint in 2007. Standing in mortgage foreclosure must be established as of the filing date, not later at trial, and GMAC's producti
• Gascue v. HSBC Bank
  97 So. 3d 263· Fla. 4th DCA· 2012-08-29 ·cited 8×
  A borrower challenged a foreclosure judgment entered by summary judgment when her attorney failed to appear at the hearing. The court reversed, finding excusable neglect and a meritorious defense based on the lender's lack of standing, and remanded for an evidentiary hearing on t
• Sandoro v. HSBC Bank
  55 So. 3d 730· Fla. 2d DCA· 2011-03-09 ·cited 8×
  David Sandoro appeals a summary judgment foreclosure order. The Florida appellate court reversed, finding genuine issues of material fact regarding whether the lender provided proper notice of acceleration and whether it had valid standing to foreclose through a defective assignm
• Wilmington Sav. Fund Soc'y, FSB v. Contreras
  278 So. 3d 744· Fla. 5th DCA· 2019-07-26 ·cited 7×
  The appellate court reversed a trial court's dismissal of a foreclosure action, finding that the defendant's grounds for dismissal were not supported by the complaint. The court clarified that a plaintiff need not explicitly plead capacity to sue in circuit court for foreclosure
• Deutsche Bank Tr. Co. Americas v. Harris
  264 So. 3d 186· Fla. 4th DCA· 2019-01-23 ·cited 7×
  Deutsche Bank appeals the trial court's dismissal of a mortgage foreclosure action against Christopher Harris. The trial court granted Harris's motion for involuntary dismissal, finding the Bank failed to establish standing and compliance with notice requirements. The appellate c
• Sorenson v. The Bank of N.Y. Mellon
  261 So. 3d 660· Fla. 2d DCA· 2018-11-16 ·cited 7×
  Scott Sorenson appeals a foreclosure judgment entered by the trial court against him in favor of the Bank of New York Mellon. The appellate court reverses and remands because the trial court abused its discretion in denying Sorenson's requests to amend his pleadings to add fraud
• Spicer v. Ocwen Loan Servicing, LLC
  238 So. 3d 275· Fla. 4th DCA· 2018-01-10 ·cited 7×
  A substituted plaintiff acquires the standing of the original plaintiff pursuant to Florida Rule of Civil Procedure 1.260, and when the original note indorsed in blank is presented at judgment, the substituted plaintiff has standing to foreclose the mortgage.
• Green v. Green Tree Servicing, LLC
  230 So. 3d 989· Fla. 5th DCA· 2017-12-01 ·cited 7×
  Charles Green appeals a foreclosure judgment entered in favor of Green Tree Servicing, LLC. The appellate court reversed, holding that Green Tree failed to establish standing to foreclose because neither it nor its purported predecessors demonstrated they possessed the note at th
• Rosa v. Deutsche Bank Nat'l Tr. Co. for Fremont Home Loan Tr. 2006-1
  191 So. 3d 987· Fla. 2d DCA· 2016-05-13 ·cited 7×
  Deutsche Bank sued to foreclose on the Rosas' mortgage loan but failed to establish standing at the time of filing because it could not prove physical possession of the original note endorsed in blank. The court reversed the foreclosure judgment and remanded for dismissal, holdin
• Rosanna Guzman and Francisco Guzman v. Deutsche Bank Nat'l Tr. Co. for Indymac Indx Mortg. Loan Tr. 2004-AR8 Mortg. Pass-Through Certificates Series 2004-AR8
  179 So. 3d 543· Fla. 4th DCA· 2015-11-25 ·cited 7×
  Deutsche Bank failed to establish standing to foreclose on the Guzmans' mortgage because it did not prove possession of the endorsed promissory note at the time it filed its initial complaint. The court reversed the foreclosure judgment, holding that standing must be established
• Bennett v. Deutsche Bank Nat'l Tr. Co.
  124 So. 3d 320· Fla. 4th DCA· 2013-10-09 ·cited 7×
  The Fourth District Court of Appeal affirmed a summary judgment in a mortgage foreclosure action against borrowers who failed to rebut a statutory presumption that endorsements on a promissory note were authentic and authorized. The court held that under Florida's Uniform Commerc
• U.S. Bank Nat'l Ass'n v. Knight
  90 So. 3d 824· Fla. 4th DCA· 2012-04-11 ·cited 7×
  The U.S. Bank appealed a trial court's dismissal of its mortgage foreclosure action. The appellate court reversed, holding that possession of a note indorsed in blank, along with allegations of ownership at the time of filing, is sufficient to establish standing, even if mortgage
• Torres v. Deutsche Bank Nat'l Tr.
  256 So. 3d 903· Fla. 4th DCA· 2018-10-31 ·cited 6×
  A bank seeking foreclosure must prove by competent, substantial evidence that a required default notice was actually mailed, not merely that it was created; speculation about mailing based on document appearance and circumstantial fee entries is insufficient without personal know
• PMT NPL Fin. 2015-1 v. Centurion Sys.
  257 So. 3d 516· Fla. 5th DCA· 2018-08-24 ·cited 6×
  PMT appeals from dismissal of a foreclosure action based on alleged lack of standing. The Florida Fifth District Court of Appeal reversed, holding that PMT established standing both as substitute plaintiff (inheriting the original plaintiff's standing) and in its own right by int
• Luiz v. Lynx Asset Servs., LLC
  198 So. 3d 1102· Fla. 4th DCA· 2016-08-24 ·cited 6×
  David Luiz appeals a foreclosure judgment, arguing that the original plaintiff Liquidation Properties lacked standing to file suit because it failed to establish ownership of the promissory note at the time of filing. The Fourth District Court of Appeal agrees and reverses, holdi
• Wells Fargo Bank, N.A. v. Ousley
  212 So. 3d 1056· Fla. 1st DCA· 2016-06-15 ·cited 6×
  The appellate court reversed the involuntary dismissal of a foreclosure action, holding that the bank provided sufficient evidence to establish standing by demonstrating possession of the note with a blank endorsement at the time of filing.
• Amstone v. The Bank OF NEW York Mellon
  182 So. 3d 804· Fla. 2d DCA· 2016-01-06 ·cited 6×
  In this foreclosure appeal, the court held that while the bank established standing to foreclose, it failed to adequately refute the borrowers' affirmative defenses at summary judgment, requiring reversal and remand for further proceedings.
• Elsman v. HSBC Bank USA
  182 So. 3d 770· Fla. 5th DCA· 2015-12-31 ·cited 6×
  The court held that HSBC lacked standing to foreclose because it failed to prove it was the holder of the note at the time the foreclosure complaint was filed.
• Nationstar Mortg., LLC v. Marquez
  180 So. 3d 219· Fla. 3d DCA· 2015-12-16 ·cited 6×
  The court held that the plaintiff met the statutory requirements for reestablishing a lost note and had standing to foreclose, thus reversing the involuntary dismissal.
• Janos Farkas v. U.S. Bank
  165 So. 3d 796· Fla. 4th DCA· 2015-05-27 ·cited 6×
  The Fourth District Court of Appeal of Florida reversed a final judgment of foreclosure, finding that the bank lacked standing to bring the action because it failed to prove it possessed the note at the time the lawsuit was filed. The court emphasized that standing must exist at
• AS Lily LLC v. Morgan
  164 So. 3d 124· Fla. 2d DCA· 2015-05-08 ·cited 6×
  This case involves a concurrence clarifying the holding in AS Lily LLC v. Morgan, emphasizing that AS Lily's standing was determined based on the date of the amended complaint because it was effectively the original complaint for the new plaintiff.
• Richards v. HSBC Bank USA
  91 So. 3d 233· Fla. 5th DCA· 2012-06-22 ·cited 6×
  Richards appeals a summary judgment of mortgage foreclosure against him. The court reversed because HSBC failed to establish it was the holder of the promissory note, as a material factual dispute existed regarding whether the note was held by HSBC or Bishops Gate Residential Mor
• A & B Disc. Lumber & Supply, Inc. v. Mitchell
  799 So. 2d 301· Fla. 5th DCA· 2001-10-05 ·cited 6×
  A & B Discount Lumber & Supply appeals a summary judgment in favor of mortgage holder James R. Mitchell in a foreclosure action. The court affirmed the summary judgment, rejecting all of A & B's affirmative defenses to the foreclosure, but reversed the dismissal of A & B's counte
• Nationstar Mortg., LLC v. Johnson
  250 So. 3d 808· Fla. 2d DCA· 2018-06-29 ·cited 5×
  A non-original lender establishes standing to foreclose by physically possessing the original blank-indorsed note at trial and introducing it into evidence, thereby becoming the holder of the note under Florida Statute § 671.201(21)(a).
• HSBC Bank USA v. Buset
  241 So. 3d 882· Fla. 3d DCA· 2018-02-07 ·cited 5×
  A trial court's order granting an involuntary dismissal following a nonjury trial is a final, appealable order when it contains language entering judgment, and the trial court's reservation of jurisdiction to award attorney's fees or impose sanctions does not affect the finality
• Bank OF NEW York Mellon Tr. Co. v. Harlan S. Ginsberg
  221 So. 3d 1196· Fla. 4th DCA· 2017-07-05 ·cited 5×
  The Bank of New York Mellon Trust Company appealed a summary judgment ruling that dismissed its foreclosure complaint based on a discrepancy between the trust name in the complaint and the trust name in the special endorsement on the promissory note. The Fourth District Court of
• Wilmington Sav. Fund Soc'y, FSB v. Rosena Louissaint
  212 So. 3d 473· Fla. 5th DCA· 2017-02-17 ·cited 5×
  The Fifth District Court of Appeal reversed a trial court's dismissal of a foreclosure action, holding that the bank established standing to foreclose through a combination of a copy of the note with a blank endorsement attached to the complaint, the original note filed at trial,
• Bank OF NEW York Mellon v. Withum
  204 So. 3d 136· Fla. 4th DCA· 2016-11-16 ·cited 5×
  Bank of New York Mellon appeals a trial court judgment in favor of borrowers who defaulted on their mortgage, arguing the trial court erred in finding the Bank failed to comply with Paragraph 22 of the mortgage by sending multiple partial payment notices rather than a single new
• Kajaine Ests., LLC v. U.S. Bank Nat'l Ass'n & David Williams
  198 So. 3d 1010· Fla. 5th DCA· 2016-08-12 ·cited 5×
  Kajaine Estates sought to recover an original promissory note from a foreclosure case file after purchasing the note from Kondaur Capital, which had failed to establish standing in the original foreclosure action against homeowner Williams. The court held that failure to prove st
• The Bank OF NEW York Mellon v. Welker
  194 So. 3d 1078· Fla. 2d DCA· 2016-06-24 ·cited 5×
  The Bank of New York Mellon appealed a summary judgment dismissing its mortgage foreclosure action against the Welkers. The court reversed, holding that because the Bank's status as a note holder was contested, summary judgment was improper, and that compliance with section 559.7
• Sirinor Meilleur v. HSBC Bank USA
  194 So. 3d 512· Fla. 4th DCA· 2016-06-08 ·cited 5×
  A homeowner appeals a final foreclosure judgment, arguing the lender lacked standing and the trial court violated due process by acting as an advocate rather than a neutral arbiter. The Fourth District Court of Appeal affirms the judgment, holding that the lender demonstrated sta
• Prapapun Kyser v. Bank OF Am., N.A.
  186 So. 3d 58· Fla. 1st DCA· 2016-02-23 ·cited 5×
  Prapapun Kyser appeals a foreclosure judgment against her, arguing that Bank of America lacked standing to bring the action as the foreclosing plaintiff. The court agrees and reverses, holding that Bank of America failed to prove it was the holder of the promissory note at the ti
• Angelini v. HSBC Bank USA, N.A.
  189 So. 3d 202· Fla. 4th DCA· 2016-02-10 ·cited 5×
  In this foreclosure case, the Florida Fourth District Court of Appeal reversed the trial court's judgment for the bank, holding that the bank failed to establish standing to foreclose because it did not prove it held the note (i.e., had physical possession of a properly indorsed
• Elman v. U.S. Bank
  204 So. 3d 452· Fla. 4th DCA· 2009-02-01 ·cited 5×
  Borrowers appealed a foreclosure judgment, arguing the bank failed to prove standing to foreclose. The court agreed, finding the bank could not establish it held the note with proper endorsements at the time the foreclosure complaint was filed, and reversed the judgment.
• Katha, LLC v. SHEDDF3-AE, LLC
  394 So. 3d 707· Fla. 3d DCA· 2024-06-19 ·cited 4×
  An assignment of all mortgage and loan documents transfers the assignor's right to declare default and record a deed in lieu of foreclosure to the assignee, divesting the assignor of standing to pursue those remedies. A forbearance agreement entered into at arm's length will not
• U.S. Bank Nat'l Ass'n v. Grob
  Fla. 4th DCA· 2022-03-30 ·cited 4×
  U.S. Bank National Association, as trustee for MEB Loan Trust IV, appealed a circuit court order dismissing its foreclosure complaint for lack of standing. The court reversed, holding that U.S. Bank had standing to foreclose on a home equity line of credit as the assigned holder
• Scott v. Strategic Realty Fund, LLC
  311 So. 3d 113· Fla. 2d DCA· 2020-05-13 ·cited 4×
  The appellate court reversed a foreclosure judgment, finding that the plaintiff, Strategic Realty Fund (SRF), failed to establish standing. The court determined that the evidence, including a corrective assignment and an affidavit, was insufficient to prove SRF's legal entitlemen
• Wilmington Sav. Fund Soc'y, FSB v. Stevens
  290 So. 3d 115· Fla. 4th DCA· 2020-02-12 ·cited 4×
  The appellate court reversed a trial court's decision that a lender lacked standing to foreclose. The court found that although the original note was held by the clerk of court, the lender's introduction of the blank-endorsed note into evidence at trial was sufficient to establis
• Kronen v. Deutsche Bank Nat'l Tr. Co.
  267 So. 3d 447· Fla. 4th DCA· 2019-04-03 ·cited 4×
  The appellants challenged a foreclosure judgment, arguing the lender (Deutsche Bank) lacked standing to bring the action. The trial court found standing based on the Ortiz presumption, which allows a lender to establish standing by filing the original note in the same condition a
• Fielding v. PNC Bank Nat'l Ass'n
  239 So. 3d 140· Fla. 5th DCA· 2018-02-02 ·cited 4×
  John Fielding appeals a foreclosure judgment entered by the trial court in favor of PNC Bank. The Fifth District Court of Appeal reversed and remanded because PNC Bank failed to establish standing at the inception of the foreclosure action, as it did not prove that its predecesso
• Wisman v. Nationstar Mortg., LLC
  239 So. 3d 726· Fla. 5th DCA· 2017-10-20 ·cited 4×
  Mary T. Wisman appeals a foreclosure judgment entered against her by Nationstar Mortgage, LLC. The Fifth District Court of Appeal reversed the judgment, holding that Nationstar failed to present competent, substantial evidence of standing to foreclose at the inception of the case
• Johnson v. U.S. Bank Nat'l Ass'n
  222 So. 3d 635· Fla. 2d DCA· 2017-06-28 ·cited 4×
  The appellate court held that the Bank failed to present sufficient evidence of standing to foreclose, reversing the trial court's judgment.
• Chuchian v. Situs Invs., LLC
  219 So. 3d 992· Fla. 5th DCA· 2017-06-02 ·cited 4×
  The court held that the bank was only entitled to enforce the original credit agreement for up to $30,000 in principal, as there was no evidence of a valid assignment of a modified credit agreement.
• Mathis v. Nationstar Mortg., LLC
  227 So. 3d 189· Fla. 2d DCA· 2017-05-26 ·cited 4×
  Mathis appeals a foreclosure judgment in favor of Nationstar, arguing the mortgagee failed to prove standing to foreclose. The court reversed, holding that Nationstar failed to submit the original allonge (a document containing the blank endorsement necessary to prove holder stat
• Walsh v. Bank OF NEW York Mellon Tr.
  219 So. 3d 929· Fla. 5th DCA· 2017-04-21 ·cited 4×
  Bank of New York Mellon Trust sought to foreclose on Patrick and Catherine Walsh's mortgage. The appellate court reversed the trial court's foreclosure judgment, finding the bank failed to establish standing because it did not present admissible evidence of proper indorsement of
• Jpmorgan Chase Bank Nat'l Ass'n v. Pierre
  215 So. 3d 633· Fla. 4th DCA· 2017-04-05 ·cited 4×
  JPMorgan Chase Bank appeals a judgment entered in favor of borrowers in a residential mortgage foreclosure action. The appellate court reverses, holding that JPMorgan established standing as a holder of the note indorsed in blank and that the trial court erred in excluding a busi
• The Bank OF NEW York Mellon v. Milford
  206 So. 3d 137· Fla. 4th DCA· 2016-12-07 ·cited 4×
  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.
• Powers v. HSBC Bank USA
  202 So. 3d 121· Fla. 2d DCA· 2016-10-14 ·cited 4×
  A bank must establish standing at the time of filing the original complaint to foreclose on a mortgage, which requires proof of holding the note with a proper endorsement or an equitable transfer.