Standing in foreclosure cases continues to be a hot issue in
Florida's appellate courts. It seems like a week doesn't go
by without an opinion that reminds lenders what they need to do to
establish standing to foreclose a mortgage.
This week, Florida's Fourth District Court of Appeal issued
two opinions discussing foreclosure standing. Both resulted in
reversal of a foreclosure judgment.
In the first case, the lender sought to establish
standing as a "holder" of the note. The Court found,
however, that the lender's evidence at trial did not establish
standing at the time the complaint was filed.
Because the note was not made payable to the lender and did not
contain either a special endorsement in favor of the lender or a
blank endorsement, standing was not established. A blank
endorsement on the original note that was dated after the
complaint was filed and an assignment dated after suit was
filed were both found to be insufficient.
