Real Property & Title Insurance Update: Week Ending October 14, 2016

REAL PROPERTY UPDATE

• Foreclosure/Standing: foreclosing bank did not establish standing where it failed to submit evidence it was in possession of original note with blank endorsement at time of filing of foreclosure complaint - Powers v. HSBC Bank USA, N.A., Case No. 2D14-4857 (Fla. 2d DCA October 14, 2016) (Reversed and remanded).
• Foreclosure/Statute of Limitations: where foreclosing bank asserted a 2008 payment default date as basis for acceleration in action filed in 2014, defendant homeowner entitled to dismissal due to 5-year-long statute of limitations found in section 95.11(2)(c) - Collazo v. HSBC Bank USA, N.A., Case No. 3D14-2208 (Fla. 3d DCA October 13, 2016) (Reversed and remanded).