Standing To Foreclose

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

• Benzrent 1 v. Wilmington Sav. Fund Soc'y
  273 So. 3d 107· Fla. 3d DCA· 2019-02-13 ·cited 1×
  A subsequent title owner who is not a party to the mortgage has standing to raise the foreclosing plaintiff's lack of standing as an affirmative defense. The trial court erred in striking the defendant's pleading based on a non-precedential concurring opinion when binding Fourth
• Deutsche Bank Nat'l Tr. Co. v. Noll
  261 So. 3d 656· Fla. 2d DCA· 2018-10-31 ·cited 1×
  A party retains standing to foreclose notwithstanding the original promissory note is in the Clerk's physical possession from a prior case file, provided the party was the plaintiff in both actions and retained constructive possession and control over the note. Lack of direct phy
• Sands v. Deutsche Bank
  251 So. 3d 359· Fla. 5th DCA· 2018-08-31 ·cited 1×
  The court affirmed the foreclosure judgment but reversed the attorney's fees award for lack of evidentiary support and remanded for a hearing on the reasonableness of fees.
• Hannan v. Onewest Bank, FSB
  247 So. 3d 25· Fla. 4th DCA· 2018-07-05 ·cited 1×
  The trial court's judgment in favor of OneWest Bank was affirmed.
• Bank OF NEW York Mellon v. Thompson
  230 So. 3d 638· Fla. 5th DCA· 2017-12-08 ·cited 1×
  The court held that the lower court erred in involuntarily dismissing the foreclosure case for failure to establish standing and lien superiority.
• Green Tree Servicing, LLC v. Atchison
  230 So. 3d 635· Fla. 5th DCA· 2017-12-08 ·cited 1×
  Green Tree Servicing challenged a trial court's dismissal of its mortgage foreclosure action, arguing that two erroneous evidentiary rulings—excluding an assignment of mortgage and testimony about lost instrument procedures—warranted reversal. The appellate court affirmed, findin
• Deutsche Bank Nat'l Tr. Co. v. Mobley
  212 So. 3d 511· Fla. 3d DCA· 2017-03-08 ·cited 1×
  Deutsche Bank appealed an involuntary dismissal of its residential mortgage foreclosure action against Ms. Mobley, the personal representative of the mortgagor's estate. The trial court dismissed for lack of standing at inception, but the Third District reversed, holding that Deu
• Otto P. Devries and Brigitte Young Devries v. Citimortgage Inc.
  188 So. 3d 909· Fla. 5th DCA· 2016-03-24 ·cited 1×
  Homeowners Otto and Brigitte Devries appealed a foreclosure judgment entered against them by CitiMortgage. The appellate court reversed the judgment, finding that CitiMortgage failed to establish standing to foreclose because it presented insufficient evidence that it held the no
• Frederic Monnot v. U.S. Bank
  188 So. 3d 896· Fla. 4th DCA· 2016-02-24 ·cited 1×
  A borrower appeals a final judgment of foreclosure, arguing that U.S. Bank failed to prove standing to foreclose and that the trial court erred in dismissing his TILA counterclaim. The court reversed, finding the bank did not establish it possessed the properly endorsed note at t
• Fallon Rahima Jallali v. Christiana Tr.
  184 So. 3d 559· Fla. 4th DCA· 2016-01-06 ·cited 1×
  Christiana Trust sought to foreclose a mortgage against Fallon Jallali, but the Florida Fourth District Court of Appeal reversed the foreclosure judgment, finding that Christiana Trust lacked standing to foreclose because the original lender, Countrywide, did not possess the blan
• Onewest Bank, FSB v. Cummings
  175 So. 3d 827· Fla. 2d DCA· 2015-08-12 ·cited 1×
  The court held that the plaintiff had standing to foreclose because it possessed the original note endorsed in blank at the time the complaint was filed.
• Sedona Leaf, LLC v. U.S. Bank Tr. Nat'l Ass'n
  Fla. 6th DCA· 2026-06-19
  When a defendant challenges a foreclosure plaintiff's standing, the plaintiff must establish a prima facie case including an unbroken chain of assignments; summary judgment is improper where genuine issues of material fact exist regarding the chain of title to a lost note.
• US Bank Nat'l Ass'n v. Dukes
  Fla. 1st DCA· 2025-10-22
  U.S. Bank established standing to foreclose on a lost promissory note by proving it indirectly acquired the right to enforce the note from Bank of America through Nationstar, and satisfied all requirements of section 673.3091, Florida Statutes, for enforcement of a lost instrumen
• The Bank of N.Y. Mellon v. Cohen
  Fla. 4th DCA· 2025-06-04
  A bank establishes standing to foreclose when it presents evidence through a servicer's testimony that the loan was transferred to it before case inception, as documented in a pooling and servicing agreement and corresponding mortgage loan schedule, without requiring proof that t
• Trste, LLC v. U.S. Bank
  Fla. 5th DCA· 2025-04-25
  A party seeking to reestablish and enforce a lost promissory note must present evidence establishing an unbroken chain of ownership from the original mortgagee to itself. The bank failed to meet its summary judgment burden by presenting documents that did not clearly show how it
• First Sav. Bank v. Deane
  M.D. Fla.· 2025-03-25
  The court held that the plaintiff bank was entitled to summary judgment on its claims for breach of the HELOC agreement and foreclosure on the mortgage, as there were no genuine issues of material fact.
• Limor Arika v. Mill City Mortg. Loan Tr. 2017-1
  Fla. 4th DCA· 2025-01-08
  A party cannot use a motion for relief from final judgment to relitigate standing and chain-of-title issues that were raised and rejected in the original proceedings before final judgment was entered.
• Clark, Jr. v. Clark, Sr.
  Fla. 5th DCA· 2024-12-06
  A lender cannot foreclose without substantially complying with the mortgage's pre-acceleration notice requirement, which must provide notice of default and an opportunity to cure, and must establish the borrower's indebtedness through competent, substantial evidence, including ad
• Greunke v. The Bank of N.Y. Mellon
  Fla. 3d DCA· 2024-07-17
  A bank may reestablish a lost promissory note through witness testimony and unrebutted documentary evidence satisfying the requirements of Florida Statute § 673.3091.
• U.S. Bank Tr. Nat'l Ass'n v. Adria Seeley
  Fla. 4th DCA· 2024-07-17
  A plaintiff may establish standing to foreclose a mortgage by proving it holds the note, regardless of whether it is recorded as the assignee, because the mortgage security follows the note.
• Djurasevic v. Thompson
  Fla. 3d DCA· 2024-06-19
  A party seeking to foreclose on a mortgage must demonstrate standing by presenting competent, substantial evidence at the time of filing that it holds the note with either a special endorsement in its favor or a blank endorsement.
• Warren v. HMC Assets, LLC
  Fla. 2d DCA· 2023-07-12
  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 improper evidence and standing
• U.S. Bank Nat'l Ass'n v. Grob
  Fla. 4th DCA· 2022-08-03
  A trustee holding an assigned nonnegotiable instrument has standing to foreclose when the complaint alleges assignment, an attachment shows the assignment, and a certification of possession establishes the trustee's possession of original loan documents. The involvement of a loan
• Deutsche Bank Nat'l Tr. Co. under Pooling & Servicing Agreement v. Russell
  Fla. 1st DCA· 2022-07-27
  The appellate court reversed a trial court's dismissal of a foreclosure case, finding that the plaintiff, Deutsche Bank National Trust Company (DBNTC), had standing to foreclose. The court held that evidence of a Pooling and Servicing Agreement (PSA) proved DBNTC's right to enfor
• Cayard v. U.S. Bank Nat'l Assoc.
  Fla. 4th DCA· 2022-06-08
  A payment history is properly admitted under the business records exception to hearsay, but a foreclosure judgment must be supported by competent substantial evidence and cannot include amounts not reflected in admitted evidence.
• Cayard v. U.S. Bank Nat'l Assoc.
  Fla. 4th DCA· 2022-06-08
  Frank Cayard appealed a foreclosure judgment entered against him by U.S. Bank National Association. The court affirmed the judgment regarding U.S. Bank's standing to foreclose but partially reversed the judgment because it included miscalculated interest, excessive flood insuranc
• Carus v. Vrmtg Asset Tr.
  Fla. 3d DCA· 2021-09-29
  Borrowers Tamara and Carlos Carus challenged a foreclosure judgment by VRMTG Asset Trust, arguing the lender failed to adequately plead and prove breach of a loan modification agreement. The court affirmed the foreclosure on all substantive grounds but reversed and remanded solel
• Dasilva v. Deutsche Bank Nat'l Tr. Co.
  Fla. 2d DCA· 2021-09-15
  The trial court's judgment in the foreclosure action was affirmed.
• Trste, LLC v. Wells Fargo Bank Nat'l Ass'n
  Fla. 5th DCA· 2021-04-27
  The trial court's judgment was affirmed based on the controlling precedent established in U.S. Bank National Condominium Association v. Quadomain Condominium Association.
• U.S. Bank Nat'l Ass'n for Lehman XS Tr. Mortg. Pass-Through Certificates v. Devoe
  Fla. 5th DCA· 2021-03-25
  U.S. Bank, as trustee of mortgage pass-through certificates, appealed a trial court's denial of foreclosure against multiple defendants. The Fifth District Court of Appeal reversed, finding that U.S. Bank presented competent, substantial, and uncontradicted evidence establishing
• U. S. Bank Tr. v. Alexandrina H. Dick
  Fla. 2d DCA· 2021-02-05
  The appellate court reversed an order of involuntary dismissal, finding that the bank had established standing to foreclose on a mortgage. The court held that the introduction of the original, blank-endorsed note into evidence at trial was sufficient to prove standing.
• Cortorreal-Poche v. Fed. Nat'l Mortg. Ass'n & Englewood Park Neighborhood Ass'n, Inc.
  Fla. 5th DCA· 2020-12-10
  Maria Cortorreal-Poche appealed a foreclosure judgment entered by Fannie Mae after the original plaintiff, Aurora Loan Services, was substituted. The court reversed, holding that Fannie Mae failed to prove Aurora had standing to sue at the inception of the case because it did not
• DI Giovanni v. Deutsche Bank Nat'l Tr. Co.
  Fla. 2d DCA· 2020-11-25
  The appellate court reversed a foreclosure judgment, finding the bank failed to prove it had the right to enforce the note. The court held the bank did not establish the note wasn't transferred or seized and improperly used judicial notice for a name change.
• U.S. Bank Tr., N.A. v. LUC P. Petre
  Fla. 4th DCA· 2020-11-18
  U.S. Bank Trust, N.A. appealed a summary judgment entered in favor of borrower Luc Petre in a mortgage foreclosure case. The circuit court struck the mortgagee's answers to requests for admissions and response to the summary judgment motion because they were signed by an attorney
• Deutsche Bank Nat'l Tr. v. Fleming Harris
  Fla. 4th DCA· 2020-08-12
  Deutsche Bank, as trustee, appealed a trial court judgment finding it lacked standing to foreclose a mortgage because the note contained an allegedly anomalous indorsement from IndyMac in blank. The appellate court reversed, holding that Deutsche Bank established standing through
• Foley & Lardner v. Unknown Heirs
  Fla. 2d DCA· 2020-07-10
  The appellate court reversed a summary judgment against a law firm (Foley & Lardner, LLP) in a foreclosure case. The trial court had found that the firm's predecessor-in-interest lacked standing to foreclose. The appellate court held that the predecessor had standing because it w
• Munoz v. Bank OF Am.
  Fla. 4th DCA· 2020-05-27
  The trial court's judgment in favor of Bank of America was affirmed.
• Olinger v. Deutsche Bank Nat'l Tr. Co.
  Fla. 5th DCA· 2020-05-26
  The trial court properly entered judgment for the mortgage lender where the lender established the requisite standing and compliance with foreclosure procedures under Florida law.
• Danford v. Flagstar Bank, FSB
  Fla. 4th DCA· 2020-04-08
  The trial court's judgment in favor of Flagstar Bank was affirmed.
• Elizon D B Transfer Agent v. IVY Chase Apts.
  Fla. 2d DCA· 2020-03-25
  The appellate court reversed a dismissal of a mortgage foreclosure action, finding that the trial court erred in dismissing the case for lack of standing based on a minor date discrepancy in an allonge. The court held that the plaintiff presented sufficient evidence to establish
• U. S. Bank v. Mink
  Fla. 2d DCA· 2020-03-20
  The appellate court reversed a foreclosure judgment, finding that the bank had standing to foreclose. The court held that presenting the original note with a blank endorsement, along with evidence of possession before filing the complaint, was sufficient to establish standing.
• Jones v. U. S. Bank Tr.
  44 Fla. L. Weekly D141· Fla. 2d DCA· 2020-01-31
  A homeowner who successfully defended against a mortgage foreclosure action sought attorney's fees, arguing the mortgage itself was a stand-alone contract. The appellate court affirmed the denial of fees, holding that it could not resolve the novel legal issue of whether a mortga
• Southside Church of Christ of Jacksonville, inc. v. Christopher A. Walker for the bondholders of Southside Church of Christ of Jacksonville, Inc.
  Fla. 1st DCA· 2019-12-27
  The appellate court affirmed a foreclosure judgment, holding that the appellant failed to provide sufficient evidence to challenge the lower court's finding of standing. The court presumed the lower court had sufficient evidence due to the appellant's failure to provide a transcr
• The Bank of N.Y. Mellon v. Figueroa
  Fla. 3d DCA· 2019-12-18
  The appellate court reviewed two discovery orders in a foreclosure case. The court granted certiorari for one order, quashing it entirely, and granted it in part for the second order, quashing specific parts. The court found that the discovery requests were overly broad and sough
• Wells Fargo Bank v. Cook
  Fla. 2d DCA· 2019-07-26
  A mortgagee establishes standing to foreclose through evidence of a valid assignment of the note and mortgage, and a trial court errs in granting an involuntary dismissal when the plaintiff presents sufficient evidence of standing and substantial compliance with default notice re
• Bahad v. Wilmington Sav. Fund Soc'y, FSB
  Fla. 3d DCA· 2019-07-17
• Davis v. Onewest Bank, FSB
  Fla. 3d DCA· 2019-07-03
  A non-signatory to a promissory note cannot be foreclosed upon, even if she signed the reverse mortgage agreement as co-borrower.
• Citi Mortg., Inc. v. Chesney
  Fla. 2d DCA· 2019-05-17
  A lender establishes prima facie standing to foreclose by proving possession of the original promissory note with proper indorsements at the time the complaint is filed, which may be established through business testimony and documentary evidence such as a bailee letter showing t
• Ventura v. U.S. Bank Nat'l Assoc.
  270 So. 3d 358· Fla. 4th DCA· 2019-05-15
  The trial court's judgment in favor of the bank was affirmed based on applicable precedent.
• Certo v. The Bank of N.Y. Mellon
  268 So. 3d 901· Fla. 1st DCA· 2019-04-03
  Bank of New York Mellon sought to foreclose on a mortgage and reestablish a lost promissory note. The appellate court reversed the final foreclosure judgment, finding that Mellon failed to establish standing to bring the foreclosure action because it did not adequately prove its