KATHLEEN A. RYAN, JOHN D. RYAN, AND JENNIFER A. RYAN, APPELLANTS,
v.
WELLS FARGO BANK, N.A., APPELLEE

Fla. 4th DCA | 2014-07-23
No. 4D13-2155
GROSS, GERBER and CONNER, JJ., concur.
142 So. 3d 974 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 5 cases
Topics
Blank Endorsement Foreclosure

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Opinion of the Court
PER CURIAM.

PER CURIAM.

At the trial in this foreclosure case, appellants timely raised the issue of the ap-pellee bank’s standing to bring suit at the time the lawsuit was filed. The record contains a copy of a note with an endorsement in blank; at trial, the note introduced into evidence did not bear an endorsement. The copy of the note bearing an endorse*975ment was filed almost two years after the initial complaint was filed. Appellee did not demonstrate that the endorsement occurred prior to the filing of the initial complaint. Although appellee contends that the bank’s sole witness at trial “pointedly testified” that the bank had the authority to commence a foreclosure action “in 2007 when the initial complaint was filed,” the witness conceded that he was “unsure” whether the bank owned the loan at that time when directly questioned on this point. We therefore reverse the final judgment of foreclosure because the bank failed to establish standing to bring suit. See, e.g., Seruedio v. U.S. Bank Nat’l Ass’n, 46 So.3d 1105, 1107 (Fla. 4th DCA 2010). We find no error on the remaining issues on appeal.

Reversed.

GROSS, GERBER and CONNER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Daniel and Nancy Kiefert v. Nationstar Mortg., LLC, 153 So. 3d 351 (Fla. 1st DCA 2014)
    …me of trial and also that the (original) plaintiff had standing as of the time the foreclosure complaint was filed.3 See id. (citing Rigby v. Wells Fargo Bank, N.A., 84 So. 3d 1195, 1196 (Fla. 4th DCA 2012)); see also Ryan v. Wells Fargo Bank, N.A., 142 So. 3d 974, 974-75 (Fla. 4th DCA 2014) (holding the plaintiff failed to establish standing when, [*353] among other things, it “did not demonstrate that the endorsement occurred prior to the filing of the initial complaint”). Such a plaintiff must prove not o…
  • Lirris Smith Gallimore v. Bank OF Am., 184 So. 3d 1242 (Fla. 4th DCA 2016)
    …DCA 2015) (reciting that a plaintiff who is not the original lender may establish standing to foreclose a mortgage loan by submitting a note with a blank or special endorsement or proof of an assignment of the note); Ryan v. Wells Fargo Bank, N.A., 142 So. 3d 974 (Fla. 4th DCA 2014). Since it is undated, the indorsement in this ease does not facially establish that it was placed on the note prior to the filing of the complaint. Additionally, there was no testimony by the Bank's witness as to when the indors…
  • Ryan v. HSBC Bank USA (Fla. 4th DCA 2026)
    …o buy a home in December 2005 in exchange for a mortgage and promissory note. This loan was the subject of prior litigation in which nonparty Wells Fargo Bank won a judgment of foreclosure and the Ryans appealed. See Ryan v. Wells Fargo Bank, N.A., 142 So. 3d 974 (Fla. 4th DCA 2014). In that prior case, Wells Fargo introduced into evidence at trial a copy of the note with no endorsement, while the record separately contained a copy of the note with a blank endorsement, which was filed almost two years after…

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