LINDA ZIMMERMAN, APPELLANT,
v.
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, APPELLEE
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The appellate court reversed a foreclosure judgment because the bank failed to prove it had standing to bring the lawsuit at the time it was filed. The court emphasized that standing is a crucial element that must be established from the outset.
No, JP Morgan Chase Bank failed to establish standing because it did not provide evidence that it possessed the endorsed note prior to filing the complaint. Therefore, a genuine issue of material fact exists regarding Chase's standing.
[1] Standing to foreclose is a crucial element in any mortgage foreclosure proceeding and must be established at the inception of the lawsuit.
[2] A party seeking to foreclose a mortgage must submit record evidence proving it had the right to enforce the note on the date the complaint was filed.
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Join FLexlaw to unlock all legal intelligence“Standing to foreclose is a “crucial element” in any mortgage foreclosure proceeding and must be established at the inception of the lawsuit.”
Establishes the importance of standing and when it must be proven.
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Join FLexlaw to unlock all legal intelligenceLinda Zimmerman appealed a foreclosure judgment granted to JP Morgan Chase Bank. Chase attached a copy of the note to its complaint, listing Washingto…
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Linda Zimmerman appeals a final judgment of foreclosure entered in favor of JP Morgan Chase Bank (“Chase”). Appellant raises multiple issues on appeal. We affirm on all except appellant’s argument that Chase failed to establish that it had standing to bring the foreclosure action. On this point Chase rightly concedes error. Standing to foreclose is a “crucial element” in any mortgage foreclosure proceeding and must be established at the inception of the lawsuit. McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012). Chase attached to the complaint a photocopy of appellant’s promissory note and mortgage listing Washington Mutual Bank, FA, as the lender. Over one year later, in support of its motion for summary judgment, Chase filed the original note containing an undated endorsement in blank, but failed to file any evidence establishing that Chase obtained possession of the endorsed note prior to filing the complaint.
*502Because Chase failed to submit any record evidence proving that it had the right to enforce the note on the date the complaint was filed, a material issue of genuine fact exists as to whether Chase had standing at the time the lawsuit was filed, thereby precluding entry of summary judgment. See id.; Gonzalez v. Deutsche Bank Nat’l Trust Co., 95 So.3d 251, 254 (Fla. 2d DCA 2012). We therefore reverse the final judgment of foreclosure. On remand, Chase must show that it was the holder of the endorsed note on the date the complaint was filed. By contrast, if the evidence shows that the note was endorsed in blank after the lawsuit was filed or that Chase was not the holder of the note on that date, then Chase had no standing at the time the complaint was filed, in which case the trial court should dismiss the instant lawsuit and Chase must file a new complaint. See McLean, 79 So.3d at 175; Jeff-Ray Corp. v. Jacobson, 566 So.2d 885, 886 (Fla. 4th DCA 1990).
Reversed and remanded.
DAMÓORGIAN, C.J., GERBER and LEVINE, JJ., concur.
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Citator
Cited By
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Henri C. LaFRANCE and Marie LaFrance v. US Bank Nat'l Ass'n for CSFB Home Equity Pass-Through Certificates Series 2006-08, 141 So. 3d 754 (Fla. 4th DCA 2014)…n standing to foreclose until after it initiated the lawsuit. Thus, the trial court erred in entering the final summary judgment of foreclosure in favor of U.S. Bank. McLean, 79 So. 3d at 173; see also Zimmerman v. JPMorgan Chase Bank, Nat’l Assoc., 134 So. 3d 501, 502 (Fla. 4th DCA 2014); Gonzalez v. Deutsche Bank Nat’l Trust Co., 95 So. 3d 251, 254 (Fla. 2d DCA 2012). We therefore reverse the final judgment and remand for further proceedings. Reversed and, remanded. LEVINE, CONNER and KLINGENSMITH, JJ., c…
Authorities Cited
- McLEAN v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
- Jeff-Ray Corp. v. Jacobson, 566 So. 2d 885 (Fla. 4th DCA 1990)
- Gonzalez v. Deutsche Bank Nat'l Tr. Co. as Indenture Tr. for Am. Home Mortg. Inv. Tr. 2006-1, 95 So. 3d 251 (Fla. 2d DCA 2012)