Florida Appeals Court Boots Another Standing-Lacking Bankster, Rejecting An Attempt To 'Backdate' Mortgage Assignment To Save Suit After Commencement Of Foreclosure Action

Another Florida trial court ruling in a foreclosure case was recently reversed on appeal in a case where the bankster lacked standing to foreclose in that it failed to prove it owned the promissory note prior to commencement of the action in court.

The appeals court rejected the bankster's attempt to execute the necessary assignment after it filed the foreclosure action, where said assignment contained a purported effective date before the complaint was filed in court. Further, the bankster's witness was unable to provide any information to verify when assignment took place, except for the text contained on the assignment itself.

For the ruling, see Kenney v. HSBC Bank USA, National Association, as Trustee, No. 4D13-4165 (Fla. 4th DCA Sept. 24, 2015).