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272 So. 3d 466·
Fla. 3d DCA·
2019-03-27
Summary judgment for foreclosure and on the standing issue must be reversed because genuine issues of material fact exist regarding whether the property owner retained sufficient ownership interest after executing a purchase and sale contract.
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264 So. 3d 963·
Fla. 4th DCA·
2019-02-13
Deutsche Bank, as trustee for Harborview Mortgage Loan Trust, brought a foreclosure action against a borrower. The trial court dismissed for lack of standing, finding the bank failed to prove the loan was placed in the trust pool. The appellate court reversed, holding that posses
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Fla. 4th DCA·
2019-02-13
The appellate court reversed a lower court's dismissal of a foreclosure case, finding that the plaintiff bank had established standing. The court held that possession of the original note indorsed in blank was sufficient to establish standing, regardless of whether the loan was p
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Fla. 3d DCA·
2018-10-31
An attorney who makes statements without an objectively reasonable factual basis concerning the qualifications or integrity of judges violates Rule 4-8.2(a) of the Rules Regulating the Florida Bar and Florida Rule of Appellate Procedure 9.410(a), warranting sanctions including re
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Fla. 5th DCA·
2018-08-27
A trial court must conduct an evidentiary hearing to determine the reasonableness of attorney's fees when the record lacks testimony from an attorney regarding the work performed.
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Fla. 3d DCA·
2018-08-15
A plaintiff in a foreclosure action has standing if it is the holder or owner of the note at the time the action is filed; proof of ownership is not necessary when standing is based on holder status under the Uniform Commercial Code. A motion to disqualify a trial judge is legall
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Fla. 5th DCA·
2018-07-23
A foreclosure action is not barred by the statute of limitations when the complaint alleges a specific default date occurring within five years prior to filing, even if a prior foreclosure action on the same note and mortgage was previously dismissed. The dismissal of a prior for
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Fla. 5th DCA·
2018-05-21
Bank of New York Mellon, as trustee, appealed a trial court's dismissal of its residential foreclosure action against Boca Stel, LLC for lack of standing. The appellate court reversed, holding that the Bank established standing through a blank-endorsed note attached to the compla
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247 So. 3d 528·
Fla. 4th DCA·
2018-05-16
The lender established standing to bring the foreclosure action by producing the original promissory note with a blank endorsement that matched the copy attached to the complaint. However, the trial court's award of damages was partially unsupported by competent evidence and requ
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Fla. 2d DCA·
2018-03-02
A foreclosure plaintiff must establish standing by proving it owns and holds the note at the time suit is filed, which requires evidence of valid assignments in the chain of title. Where a plaintiff fails to offer proof of an assignor's authority to assign the note, the plaintiff
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238 So. 3d 930·
Fla. 2d DCA·
2018-03-02
James Heyward appeals a foreclosure judgment entered by Wells Fargo Bank, N.A., challenging Wells Fargo's standing to foreclose. The court affirms the judgment, holding that Wells Fargo established standing through evidence of name changes and merger operations that made it the s
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Fla. 5th DCA·
2018-02-26
Proof of contractual authority is not required for a witness to lay the foundation for the business records exception to hearsay under Florida law; a qualified witness with personal knowledge of the business's policies and record-keeping practices may testify. The trial court abu
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239 So. 3d 750·
Fla. 3d DCA·
2018-02-21
A foreclosing plaintiff establishes standing through an unbroken chain of self-authenticating assignments and may enforce a lost note under section 673.3091 when the chain of title and witness testimony provide competent substantial evidence of the statutory requirements.
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238 So. 3d 365·
Fla. 3d DCA·
2017-12-13
The Bank of New York Mellon appealed an involuntary dismissal in a residential mortgage foreclosure case after the trial court found it failed to prove standing at the time the action was filed. The Florida Third District Court of Appeal reversed, holding that BNYM established a
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228 So. 3d 143·
Fla. 4th DCA·
2017-10-18
HSBC Bank USA appeals a trial court judgment finding it lacked standing to foreclose on a mortgage note. The Fourth District Court of Appeal reverses, holding that HSBC established standing as the holder of the note bearing a blank indorsement, and that possession of such a note
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227 So. 3d 1279·
Fla. 4th DCA·
2017-10-11
GMAC Mortgage appealed a trial court's dismissal of its foreclosure action for lack of standing. The appellate court reversed, holding that GMAC demonstrated standing as the holder of the promissory note at the time it filed the foreclosure complaint, and that ownership of the un
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225 So. 3d 888·
Fla. 5th DCA·
2017-07-07
A party seeking to foreclose a mortgage must establish standing at the time the complaint is filed, which requires proof that any indorsement on the note occurred before the complaint was filed if the indorsement is undated.
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223 So. 3d 414·
Fla. 5th DCA·
2017-07-07
The court held that a trial court errs in granting summary judgment based on technical admissions when record evidence contradicts those admissions and the opposing party demonstrates no prejudice.
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219 So. 3d 828·
Fla. 4th DCA·
2017-04-19
The Powells appealed a final judgment of foreclosure entered against them by Wells Fargo Bank, N.A. as trustee. The Fourth District Court of Appeal reversed and remanded for dismissal, finding that Wells Fargo failed to establish standing to foreclose because it could not prove t
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212 So. 3d 1058·
Fla. 2d DCA·
2016-08-03
The court held that the Bank failed to prove it had standing to foreclose at the time the complaint was filed.
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193 So. 3d 1108·
Fla. 4th DCA·
2016-06-29
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193 So. 3d 1092·
Fla. 4th DCA·
2016-06-22
Robert Frost appealed a foreclosure judgment entered against him by Christiana Trust, arguing that the plaintiff failed to establish standing to bring the foreclosure action. The Fourth District Court of Appeal reversed, holding that Christiana Trust failed to prove that the orig
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199 So. 3d 992·
Fla. 4th DCA·
2016-06-15
JPMorgan Chase Bank failed to prove standing to foreclose on a mortgage when it filed the complaint, as it could not establish it was a holder of the note or that it had acquired the note from the FDIC before initiating the foreclosure action. The court reversed the foreclosure j
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192 So. 3d 1240·
Fla. 4th DCA·
2016-05-31
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190 So. 3d 264·
Fla. 4th DCA·
2016-05-11
JPMorgan Chase appealed a foreclosure judgment, and the court affirmed, holding that JPMorgan established standing as the holder of the promissory note at the time the complaint was filed, even though the note was subsequently lost.
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200 So. 3d 130·
Fla. 5th DCA·
2016-04-22
The court reversed a foreclosure judgment because Bank of New York Mellon failed to establish standing to bring the action at the time the lawsuit was filed, as it did not prove the note endorsement occurred before the complaint was filed.
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196 So. 3d 417·
Fla. 5th DCA·
2016-04-15
Ruben Rincon appealed a foreclosure judgment, arguing the bank (HSBC) lacked standing to foreclose on his mortgage. The Fifth District Court of Appeal affirmed, holding that HSBC properly established standing as the holder of the note through a blank indorsement from the original
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187 So. 3d 943·
Fla. 4th DCA·
2016-03-23
The Bank failed to prove it had standing to foreclose because it did not present sufficient evidence of its right to enforce the specially indorsed note.
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186 So. 3d 585·
Fla. 4th DCA·
2016-02-17
The appellate court reversed a foreclosure judgment because the plaintiff bank failed to prove it possessed the original note at the time the lawsuit was filed. The court found the evidence regarding the note's endorsement and assignment was insufficient to establish standing.
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184 So. 3d 1242·
Fla. 4th DCA·
2016-02-17
A homeowner appeals a foreclosure judgment, arguing the bank lacked standing to foreclose. The court agrees, finding the bank failed to prove it possessed the indorsed note at the time the complaint was filed, and reverses the judgment.
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184 So. 3d 1247·
Fla. 4th DCA·
2016-02-17
The Fourth District Court of Appeal reversed a summary judgment for foreclosure, holding that the servicer failed to establish standing because it did not properly file the original promissory note with the trial court as required. The servicer's attempt to introduce evidence of
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183 So. 3d 1253·
Fla. 4th DCA·
2016-01-27
The appellate court held that the plaintiff failed to prove standing at the time the foreclosure complaint was filed, as the undated indorsements on the note did not establish the necessary chain of endorsement prior to filing.
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183 So. 3d 471·
Fla. 4th DCA·
2016-01-20
The Fourth District Court of Appeal reversed a final foreclosure judgment against homeowners Marie and Vilnor Septimus because the foreclosing bank failed to prove standing at the time the complaint was filed. The court held that a successor plaintiff cannot cure a predecessor's
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182 So. 3d 834·
Fla. 4th DCA·
2016-01-06
A condominium association challenged a foreclosure judgment obtained by a mortgage servicer, arguing the servicer lacked standing to foreclose. The court agreed, finding that the servicer failed to adequately prove it held the note or had authority to enforce it at the time the c
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193 So. 3d 4·
Fla. 3d DCA·
2015-12-23
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200 So. 3d 97·
Fla. 5th DCA·
2015-12-11
Homeowners appealed a foreclosure judgment entered by summary judgment against them in favor of Fannie Mae. The appellate court reversed, finding genuine issues of material fact existed regarding whether Fannie Mae had standing to file the foreclosure and whether the homeowners'
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174 So. 3d 600·
Fla. 4th DCA·
2015-09-09
The borrower appealed a foreclosure judgment, arguing the bank lacked standing to bring the action. The court agreed, finding the bank failed to prove it owned the note when the lawsuit was filed because the note's endorsement was undated, the assignment was backdated after the c
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171 So. 3d 828·
Fla. 1st DCA·
2015-08-19
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175 So. 3d 316·
Fla. 5th DCA·
2015-08-14
The court held that a foreclosure judgment entered without evidence or trial, based solely on a borrower's consent and waiver of deficiency, was improper when junior lienholders objected and sought to present their case.
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152 So. 3d 1289·
Fla. 4th DCA·
2015-01-07
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147 So. 3d 624·
Fla. 4th DCA·
2014-09-10
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155 So. 3d 1152·
Fla. 1st DCA·
2014-02-28
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125 So. 3d 285·
Fla. 4th DCA·
2013-03-06
The court held that summary judgment of foreclosure should be reversed because there were genuine issues of material fact regarding the plaintiff's standing to foreclose.
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127 So. 3d 541·
Fla. 4th DCA·
2012-10-31
The Fourth District Court of Appeal reversed a summary judgment foreclosure in favor of Liquidation Properties, holding that Liquidation failed to establish standing to foreclose because it did not prove ownership of the note as of the complaint filing date. The court also revers
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51 So. 3d 583·
Fla. 3d DCA·
2010-12-29
A former property owner challenges a foreclosure of his property for delinquent special assessments, arguing the lienholder lacked standing and that notice was deficient. The court affirms the foreclosure, holding that a municipality may validly assign its statutory right to fore