DONALD WRIGHT JR. A/K/A DONALD WRIGHT, APPELLANT,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL MSAC 2007-HE6, STATE OF FLORIDA, DEPARTMENT OF REVENUE, NATASHA A. COX, TANGELA MCINTOSH, UNKNOWN SPOUSE OF DONALD WRIGHT, JR, JOHN DOE, JANE DOE AS UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY, APPELLEES
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We reverse the final judgment of mortgage foreclosure because Deutsche Bank (“the Bank”) did not establish that it had standing at the time it filed the complaint. A copy of the note attached to the complaint listed GE Money Bank as the lender. During trial, the Bank introduced the original note into evidence, which contained an undated endorsement in favor of the Bank by GE Money Bank. Darren Yassen, a representative of the Bank’s servicing agent, admitted that he did not know when the endorsement was placed on the note. The Bank did not present testimony from any other witnesses or present any evidence as to the date of the endorsement. Because the Bank did not present any evidence that it had standing at the inception of the lawsuit, reversal is warranted. See Boyd v. Wells Fargo Bank, N.A., 143 So.3d 1128 (Fla. 4th DCA 2014); Rigby v. Wells Fargo Bank, N.A, 84 So.3d 1195 (Fla. 4th DCA 2012).
Reversed.
CIKLIN, GERBER and LEVINE, JJ., concur.
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Peoples v. Sami II Tr. 2006-AR6, 178 So. 3d 67 (Fla. 4th DCA 2015)…5 (Fla. 4th DCA 2014) (citation omitted) (internal quotation marks omitted). From the sequence of these events, it is clear that the Trust did not have standing when it filed the complaint in September 2007. Wright v. Deutsche Bank Nat’l Trust Co., 152 So. 3d 1289 (Fla. 4th DCA 2015). The tidal court erred in entering a final judgment of foreclosure in favor of the Trust. Reversed and remanded for .entry of judgment for tMe borrower. CIKLIN, C.J., and FORST, J., concur. . The record contains an assignment…
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Rosanna Guzman and Francisco Guzman v. Deutsche Bank Nat'l Tr. Co. for Indymac Indx Mortg. Loan Tr. 2004-AR8 Mortg. Pass-Through Certificates Series 2004-AR8, 179 So. 3d 543 (Fla. 4th DCA 2015)…e Trust’s witness did not know when the endorsement was placed on the note. From the sequence of these events, it is clear that the Trust did not have standing when it'filed the complaint in September '2007. Wright v. Deutsche Bank Nat’l Trust Co., 152 So. 3d 1289 (Fla. 4th DCA 2015). The trial court erred in entering a final judgment of foreclosure in favor of the Trust. Peoples v. Sami II Trust 2006-AR6, No. 4D14-2757, 178 So. 3d 67, 69 (Fla. 4th DCA Oct. 14, 2015) (emphasis added). Since there is no evid…
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Krishna Kumar and Anupama Kumar v. U.S. Bank, 225 So. 3d 888 (Fla. 5th DCA 2017)…unt to reestablish lost note that specifically alleged trustee did not physically possess note, and trustee’s only witness had no personal knowledge as to when trustee came into possession of note and allonge); Wright v. Deutsche Bank Nat'l Tr. Co., 152 So. 3d 1289, 1289 (Fla. 4th DCA 2015) (holding that bank did not establish standing at time it filed complaint 'as copy of note attached to complaint listed different bank as lender, original note introduced into evidence contained indorsement to bank but witne…
Authorities Cited
- Rigby v. Wells Fargo Bank, 84 So. 3d 1195 (Fla. 4th DCA 2012)
- Boyd v. Wells Fargo Bank, 143 So. 3d 1128 (Fla. 4th DCA 2014)