Standing To Foreclose

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

• Balbina A. Young and Lawrence E. Young, Sr. v. Nationstar Mortg., LLC
  205 So. 3d 790· Fla. 2d DCA· 2016-09-28 ·cited 4×
  Balbina and Lawrence Young appealed a summary judgment of foreclosure entered against them by Nationstar Mortgage, LLC. The appellate court reversed because Nationstar failed to adequately address the Youngs' paragraph 22 mortgage defense (notice of acceleration) at summary judgm
• Braga v. Fannie MAE ("Federal Nat'l Mortg. Association")
  187 So. 3d 1272· Fla. 4th DCA· 2016-04-06 ·cited 4×
  The court reversed a foreclosure judgment because the lender failed to prove it possessed the promissory note with a valid indorsement at the time the complaint was filed. An undated indorsement in blank introduced after filing the complaint is insufficient to establish standing
• Abdel (Darwish) Darwiche and Batoul (Darwish) Darwiche v. The Bank OF NEW York Mellon
  185 So. 3d 1261· Fla. 4th DCA· 2016-02-24 ·cited 4×
  The Florida Fourth District Court of Appeal reversed a summary judgment of foreclosure, finding that the bank failed to establish standing to foreclose at the time suit was filed. The court held that genuine issues of material fact remained regarding whether the bank possessed th
• Cartwright v. LJL Mortg. Pool, LLC
  185 So. 3d 614· Fla. 4th DCA· 2016-02-03 ·cited 4×
  The court held that a genuine issue of material fact remains as to whether the original plaintiff had standing to bring the foreclosure action, requiring reversal of the summary judgment.
• Walters v. Nationstar Mortg., LLC
  180 So. 3d 236· Fla. 5th DCA· 2015-12-18 ·cited 4×
  Foreclosure judgment reversed because Nationstar failed to establish that its predecessor Aurora had standing to bring the action at the time the lawsuit was filed.
• Hepworth v. Wells Fargo Bank
  180 So. 3d 1170· Fla. 4th DCA· 2015-12-09 ·cited 4×
  Borrowers challenged a foreclosure judgment against Wells Fargo Bank, arguing the lender lacked standing to foreclose. The Florida Fourth District Court of Appeal affirmed the trial court's rejection of the witness qualification issue but reversed on standing, holding that Wells
• The Eagles Master Ass'n, Inc. v. Bank OF Am., N.A.
  198 So. 3d 12· Fla. 2d DCA· 2015-06-26 ·cited 4×
  The appellate court held that the bank failed to prove its standing to foreclose because it did not demonstrate possession of the note with a valid endorsement at the time the original complaint was filed.
• Deutsche Bank Nat'l Tr. Co. for New Century Home Equity Loan Tr. Series 2005-C Asset Backed Pass Through Certificates v. Boglioli
  154 So. 3d 494· Fla. 4th DCA· 2015-01-07 ·cited 4×
  Deutsche Bank appealed a directed verdict in a mortgage foreclosure action against Theresa Boglioli. The court affirmed, holding that Deutsche Bank failed to present competent evidence establishing it had standing to foreclose at the time it filed the complaint.
• ONE W. Bank v. Bauer
  159 So. 3d 843· Fla. 2d DCA· 2014-05-30 ·cited 4×
  The court held that a trial court departs from the essential requirements of law by requiring a foreclosing party to prove ownership of loan documents beyond possessing the note endorsed in blank.
• The Bank OF NEW York Tr. Co., N.A. v. Rodgers
  79 So. 3d 108· Fla. 3d DCA· 2012-01-18 ·cited 4×
  Bank of New York Trust Company appealed a judgment of dismissal in a mortgage foreclosure action, arguing the trial court erred in finding it lacked standing to bring the suit. The appellate court reversed, holding that the trial court's standing determination contradicted an ear
• Citibank, N.A. v. Dalessio
  756 F. Supp. 2d 1361· M.D. Fla.· 2010-12-10 ·cited 4×
  Citibank, as the holder of the note, established the elements for mortgage foreclosure, and the defendant failed to prove his affirmative defenses or counterclaim for Truth in Lending Act rescission.
• Lewis v. US Bank Nat'l Assoc.
  298 So. 3d 72· Fla. 4th DCA· 2020-06-17 ·cited 3×
  A bank failed to establish standing to foreclose where it did not prove the original lender was entitled to enforce the note when lost, and a corrective assignment executed after suit was filed cannot retroactively cure lack of standing. The foreclosure judgment was reversed.
• Sayles v. Nationstar Mortg., LLC
  268 So. 3d 723· Fla. 4th DCA· 2018-12-05 ·cited 3×
  A borrower who surrenders property in bankruptcy proceedings is judicially estopped from contesting the foreclosure of that property and challenging the lender's standing. The trial court properly took judicial notice of bankruptcy records and struck affirmative defenses based on
• Lesline Russell v. Bac Home Loans SVCNG L.P.
  239 So. 3d 98· Fla. 4th DCA· 2018-02-28 ·cited 3×
  A genuine issue of material fact existed regarding the plaintiff's standing to foreclose because the endorsement on the note attached to the original complaint differed from the endorsements on the note attached to the amended complaint and filed with the court, and the submitted
• Buckingham v. Bank OF Am., N.A.
  230 So. 3d 923· Fla. 2d DCA· 2017-10-25 ·cited 3×
  The court held that the bank failed to prove it had standing to foreclose at the time it filed the complaint.
• Shaffer v. Deutsche Bank Nat'l Tr.
  235 So. 3d 943· Fla. 2d DCA· 2017-04-19 ·cited 3×
  The court held that the bank failed to prove it had standing to foreclose because there was no evidence establishing the interest conveyed to the trustee.
• Bonafide Props., LLC v. E-Trade Bank
  208 So. 3d 1279· Fla. 5th DCA· 2017-02-03 ·cited 3×
  The court held that E-Trade failed to prove it had the authority to assign the mortgage to itself as attorney-in-fact for BAC, thus lacking standing to foreclose.
• Walton v. Deutsche Bank Nat'l Tr. Co. for Morgan Stanley ABS Cap. I Inc.
  201 So. 3d 831· Fla. 1st DCA· 2016-10-19 ·cited 3×
  Deutsche Bank appealed a final foreclosure judgment against Robert Walton, but the court reversed, holding that Deutsche Bank failed to prove it had standing to foreclose as of the complaint filing date. The undated blank indorsement and witness testimony were insufficient to est
• Als-Rvc, LLC v. Julian K.D. Garvin
  201 So. 3d 687· Fla. 4th DCA· 2016-08-03 ·cited 3×
  A bank appealed a trial court's involuntary dismissal of its foreclosure action, arguing it had established standing and compliance with conditions precedent. The appellate court reversed, holding that the bank's physical possession of the blank-endorsed original note, coupled wi
• Nationstar Mortg., LLC v. Kelly
  199 So. 3d 1051· Fla. 5th DCA· 2016-07-29 ·cited 3×
  The appellate court reversed an involuntary dismissal of a foreclosure action, holding that the mortgage company had standing to foreclose. The court found that proof of valid, pre-suit assignments of the mortgage and note was sufficient to establish standing, even if the initial
• Craven-Lazarus v. Pennymac Holdings, LLC
  199 So. 3d 1029· Fla. 4th DCA· 2016-07-13 ·cited 3×
  Victoria Craven-Lazarus appeals a summary judgment foreclosure granted to PennyMac Holdings. The court reversed, finding that PennyMac failed to refute the homeowner's affirmative defense regarding lack of standing because a material factual issue existed about who held the note
• Daniela Floyd v. Bank OF Am., N.A.
  194 So. 3d 1071· Fla. 5th DCA· 2016-06-24 ·cited 3×
  Bank of America appealed a trial court's grant of summary judgment in its favor in a mortgage foreclosure action against Daniela Floyd. The Fifth District Court of Appeal reversed, finding genuine issues of material fact regarding Bank of America's standing to foreclose and the a
• Rivera v. Wells Fargo Bank, N.A.
  189 So. 3d 323· Fla. 4th DCA· 2016-04-20 ·cited 3×
  Borrowers appealed a foreclosure judgment, challenging Wells Fargo's standing to foreclose on an electronic promissory note. The Fourth District affirmed, holding that Wells Fargo presented competent, substantial evidence of Fannie Mae's ownership of the e-note and authorization
• Hall v. REO Asset Acquisitions, LLC
  84 So. 3d 388· Fla. 4th DCA· 2012-03-21 ·cited 3×
• Forty ONE Yellow v. Escalona
  45 Fla. L. Weekly D1137· Fla. 2d DCA· 2020-10-28 ·cited 2×
  The appellate court affirmed the dismissal of a foreclosure action because the plaintiff, Forty One Yellow, LLC (FOY), failed to prove its standing to foreclose. While the court found that res judicata did not bar the action, it held that FOY's failure to establish a valid chain
• COX v. U.S. Bank
  291 So. 3d 1026· Fla. 4th DCA· 2020-03-11 ·cited 2×
  A subsequent purchaser of mortgaged property may assert a lack of standing defense in a foreclosure action against the property, and may present evidence contesting whether the plaintiff is the holder or in possession of the note at the time of filing suit. The error in refusing
• The Bank of N.Y. Mellon v. Fla. Kalanit 770, LLC
  269 So. 3d 571· Fla. 4th DCA· 2019-04-24 ·cited 2×
  The circuit court's judgment for The Bank of New York Mellon was affirmed.
• Ghent v. HSBC Mortg. Servs., Inc.
  259 So. 3d 883· Fla. 4th DCA· 2018-12-19 ·cited 2×
  Under section 57.105(7), a borrower may recover attorney's fees for successfully defending against a foreclosure action even if the lender failed to prove it possessed the contractual right to enforce on the date suit was filed, provided the contract contains an attorney's fees p
• Wells Fargo Bank N.A. v. DIZ
  253 So. 3d 705· Fla. 3d DCA· 2018-08-08 ·cited 2×
  Wells Fargo Bank, as trustee, appealed the trial court's dismissal of its foreclosure action against Anthony Diz based on lack of standing. The Florida District Court of Appeal, Third District, reversed the dismissal, finding Wells Fargo presented sufficient evidence of standing
• Deutsche Bank Tr. Co. Ams. v. Merced
  238 So. 3d 438· Fla. 5th DCA· 2018-03-02 ·cited 2×
  A witness need not be contractually authorized to testify to lay the foundation for business records under the hearsay exception; the witness must instead demonstrate personal knowledge of the records' creation, maintenance, and accuracy. The trial court abused its discretion in
• Wilmington Tr. v. Rolland A. Moon
  238 So. 3d 425· Fla. 5th DCA· 2018-02-23 ·cited 2×
  The court held that summary judgment was improper because a genuine issue of material fact existed regarding Wilmington Trust's standing to foreclose.
• Supria v. Goshen Mortg., LLC
  232 So. 3d 422· Fla. 4th DCA· 2017-12-06 ·cited 2×
  In this mortgage foreclosure case, the appellate court reversed the trial court's judgment because the mortgagee (Goshen Mortgage) failed to establish standing to foreclose. The court held that a nonholder in possession seeking to enforce a note must prove a valid chain of transf
• Deutsche Bank Nat'l Tr. Co. v. Applewhite
  213 So. 3d 948· Fla. 4th DCA· 2017-03-22 ·cited 2×
  Deutsche Bank appealed an involuntary dismissal in a foreclosure action where the trial court found the Bank lacked standing to sue. The Fourth District reversed, holding that under Ortiz v. PNC Bank, a blank indorsed note attached to the complaint combined with the identical ori
• Deutsche Bank Nat'l Tr. Co. FOR Fremont Home Loan Tr. 2006-3 v. Dowd
  225 So. 3d 229· Fla. 4th DCA· 2017-03-15 ·cited 2×
• Meritel Tervil and Laurette Tervil v. U.S. Bank Nat'l Ass'n
  204 So. 3d 580· Fla. 4th DCA· 2016-11-30 ·cited 2×
  In this foreclosure appeal, the Fourth District affirmed the trial court's judgment that the bank had standing to foreclose but reversed the damages award because individual damage components lacked competent, substantial evidentiary support. The court remanded for a new trial on
• Reverse Mortg. Solutions, Inc. v. The Unknown Heirs
  207 So. 3d 917· Fla. 1st DCA· 2016-10-07 ·cited 2×
  Reverse Mortgage Solutions, Inc. appealed a trial court's order dismissing its foreclosure action with prejudice and cancelling the mortgage, claiming the dismissal was an improper sanction imposed based on the actions of counsel for a different party (Bank of America) in a prior
• Losner v. HSBC Bank USA
  190 So. 3d 160· Fla. 4th DCA· 2016-04-06 ·cited 2×
  The court held that while a mutual mistake in a mortgage was established, the bank failed to prove the original parties' intent regarding the property description, thus reformation was improper.
• Yosvani Alfonso for 19148 Revocable Tr. Dated May 1 v. Jpmorgan Chase Bank, N.A.
  182 So. 3d 930· Fla. 4th DCA· 2016-01-20 ·cited 2×
  A successor plaintiff must prove the original plaintiff/servicer had authority to enforce the note at the time the foreclosure action was filed.
• Nationstar Mortg., LLC v. Zorie
  146 So. 3d 1209· Fla. 5th DCA· 2014-08-29 ·cited 2×
  Nationstar Mortgage sought to foreclose on a mortgage where the promissory note referenced an attached prepayment rider that was not included with the complaint. The trial court granted the borrower's motion for judgment on the pleadings, finding the note incomplete. The appellat
• Zimmerman v. Jpmorgan Chase Bank
  134 So. 3d 501· Fla. 4th DCA· 2014-02-12 ·cited 2×
  The appellate court reversed a foreclosure judgment because the bank failed to prove it had standing to bring the lawsuit at the time it was filed. The court emphasized that standing is a crucial element that must be established from the outset.
• Saver v. JP Morgan Chase Bank
  114 So. 3d 352· Fla. 4th DCA· 2013-05-15 ·cited 2×
  A bank sought to foreclose on a mortgage but failed to establish it held the note at the time it filed suit. The appellate court reversed summary judgment for the bank, holding that the bank's affidavits executed after filing suit were insufficient to prove standing to foreclose.
• The Bank of N.Y. Mellon v. Remonde Lopez and Samuel Lopez
  Fla. 4th DCA· 2025-02-19 ·cited 1×
  A borrower lacks standing to challenge the validity or authenticity of endorsements in a note's chain of title because the borrower is not a party to the endorsement contracts, which are separate agreements between the endorser and endorsee. Therefore, a trial court errs in exclu
• Warren v. HMC Assets, LLC
  Fla. 2d DCA· 2023-07-12 ·cited 1×
  The appellate court affirmed a foreclosure judgment, holding that the trial court properly considered a consent declaratory judgment and a business records affidavit as evidence for summary judgment. The court found the Warrens' arguments regarding the admissibility and relevance
• Neida Passariello v. THE Bank of NEW York Mellon
  347 So. 3d 446· Fla. 3d DCA· 2022-07-20 ·cited 1×
  Neida and Jose Passariello appealed a final summary judgment of foreclosure entered in favor of Bank of New York Mellon. The sole issue on appeal was whether Mrs. Passariello's affidavit in opposition to summary judgment created a genuine issue of material fact regarding the auth
• Wilmington Sav. Fund Soc'y F S B v. Morroni
  46 Fla. L. Weekly D227· Fla. 2d DCA· 2021-05-28 ·cited 1×
  The appellate court reversed a trial court's order denying a plaintiff's motion to return original loan documents. The court clarified that its prior ruling did not determine the documents were not originals, but rather that the plaintiff failed to prove they were originals for s
• The Bank of N.Y. Mellon v. Barber
  Fla. 1st DCA· 2020-05-01 ·cited 1×
  The appellate court reversed a foreclosure judgment, finding the trial court erred by sua sponte denying the foreclosure based on the note being a copy, when the borrowers had not raised this issue and the bank had no notice. The court emphasized that parties must raise issues an
• Roif v. Jpmorgan Chase Bank
  283 So. 3d 383· Fla. 3d DCA· 2019-10-02 ·cited 1×
  This case concerns whether a foreclosure judgment was valid when the original note had an "X" mark over the blank indorsement. The appellate court affirmed the judgment, holding that the "X" did not invalidate the indorsement and the bank had standing to foreclose.
• Deutsche Bank Nat'l. Assoc. Tr. v. Smith
  276 So. 3d 315· Fla. 4th DCA· 2019-07-17 ·cited 1×
  A foreclosure plaintiff establishes a prima facie case for enforcement of a lost note under Florida Statutes § 673.3091(1)(a) by presenting an uncontradicted, unbroken chain of assignments of the mortgage and note coupled with testimony that the plaintiff is entitled to enforce t
• Nationstar Mortg. LLC v. Farshadi Faramarz
  275 So. 3d 668· Fla. 4th DCA· 2019-06-26 ·cited 1×
  A borrower who prevails in a foreclosure action is entitled to recover prevailing party attorney's fees under section 57.105(7) when the lender establishes standing at trial but not at the time suit was filed, provided contractual privity between the parties is demonstrated throu
• White v. Wells Fargo Bank, N.A.
  273 So. 3d 1021· Fla. 4th DCA· 2019-06-05 ·cited 1×
  Pat W. White and Barbara Turkell-White appeal a foreclosure judgment entered by Wells Fargo Bank, N.A. The appellants argued the Bank lacked standing and failed to join an indispensable party (an allegedly existing trust). The court dismissed the appeal as to the deceased Turkell