Sunday, October 25, 2015

Chalk Up Two More Florida Appeals Court Reversals Of Standing-Lacking, Bankster-Favoring Trial Judge Rulings In Foreclosure Cases

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 holderRodriguez 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 complaintPeoples 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)