And the beat goes on ... from a recent client alert from the Florida law firm
Carlton Fields Jorden Burt:
- Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it was a nonholder in possession of the note with the rights of a holder – Rodriguez v. Wells Fargo Bank, N.A., Case No. 4D14-100 (Fla. 4th DCA Oct. 14, 2015) (reversed and remanded for entry of involuntary dismissal)
Foreclosure/Standing: trust failed to prove it had possession of original note containing undated, blank endorsement before Trust filed original complaint – Peoples v. SAMI II Trust 2006-AR6, Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A., as Trustee, Case No. 4D14-2757 (Fla. 4th DCA Oct. 14, 2015) (reversed and remanded for entry of judgment for the borrower)
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