Real Property & Title Insurance Update: Week Ending September 2 & 9, 2016

REAL PROPERTY UPDATE:

• Foreclosure/Standing: where copy of note attached to foreclosure complaint contained no endorsement and original note presented at trial had endorsement in favor of plaintiff, plaintiff required to prove endorsement occurred prior to filing suit to prove standing - Dhank v. HSBC Bank USA, NA, Trustee, Case No. 2D13-5292 (Fla. 2d DCA Sept. 9, 2016) (judgment reversed)
• Sanctions/Dismissal With Prejudice: trial court erred by dismissing foreclosure action with prejudice as sanction for plaintiff's failure to timely file certification of authority prior to mediation, as required by Fla. R. Civ. P. 1.720, where rule provides less severe and more appropriate sanctions - HR Block Bank v. Perry, Case No. 2D15-1351, 1624 (Fla. 2d DCA Sept. 9, 2016).