SYLVIA G. WALTERS, APPELLANT,
v.
NATIONSTAR MORTGAGE, LLC, ET AL., APPELLEES
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Foreclosure judgment reversed because Nationstar failed to establish that its predecessor Aurora had standing to bring the action at the time the lawsuit was filed.
A foreclosure plaintiff must establish standing at the time the lawsuit is filed, and where standing derives from a note endorsement, that endorsement must have occurred before the lawsuit's inception.
[1] In a foreclosure action, a plaintiff's standing must be established at the time the lawsuit is filed, and where standing is based on a note endorsement, the endorsement m…
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Court explaining the temporal requirement for establishing standing in foreclosure actions.
Sylvia Walters' home was subject to a foreclosure action brought by Nationstar Mortgage, LLC, which claimed standing through its predecessor Aurora.…
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Sylvia Walters appeals a final judgment of foreclosure entered in favor of Nationstar Mortgage, LLC (“Nationstar”). She argues that Nationstar failed to establish that Aurora, Nationstar’s predecessor in interest, had standing to bring the foreclosure action. We agree and reverse the judgment under review. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173-74 (Fla. 4th DCA 2012) (holding that “a party’s standing is determined at the time the lawsuit was filed” and that “[wjhere the plaintiff contends that its standing to foreclose derives from an endorsement of the note, the plaintiff must show that the endorsement occurred prior to the inception of the lawsuit.” (citing Progressive Exp. Ins. Co. v. McGrath Cmty. Chiropractic, 913 So.2d 1281, 1286 (Fla. 2d DCA 2005))). Accordingly, we reverse the judgment under review and remand this case to the trial court to enter an order of involuntary dismissal of the action. See Schmidt v. Deutsche Bank, 170 So.3d 938, 942 (Fla. 5th DCA 2015) (“Because Bank failed to establish standing at the time of filing of the complaint, we reverse and remand for entry of a final order of involuntary dismissal of the action.”).
REVERSED and REMANDED with directions.
SAWAYA and ORFINGER, JJ., and TYNAN, G.A., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marlyn Tracey v. Wells Fargo Bank, 264 So. 3d 1152 (Fla. 2d DCA 2019)…) (reversing for involuntary dismissal when "there is no proper evidence in the record which could support the final judgment"); Alfonso v. JPMorgan Chase Bank, N.A., 182 So. 3d 930, 932 (Fla. 4th DCA 2016) (same); Walters v. Nationstar Mortg., LLC, 180 So. 3d 236 (Fla. 5th DCA 2015) (reversing for involuntary dismissal when the bank failed to prove the standing of its predecessor in interest). Involuntary dismissal is therefore not warranted in this case under rule 1.420(b) where Wells Fargo submitted suffi…
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Yogendra Dhanik and Bharti Dhanik v. U.S. Bank Nat'l Ass'n, 186 So. 3d 1135 (Fla. 5th DCA 2016)…A 182 So. 3d 770 (Fla. 5th DCA 2015) (holding that, Where bank failed to establish standing, foreclosure judgment must [*1136] be reversed and matter remanded for an entry of order of involuntary dismissal). Accord Walters v. Nationstar Mortg., LLC, 180 So. 3d 236 (Fla. 6th DCA 2015); Figueroa v. Fed. Nat’l Mortg. Ass’n, 180 So. 3d 1110 (Fla. 5th DCA 2015); Ford v. JPMorgan Chase Bank, 175 So. 3d 375 (Fla. 5th DCA 2015); Schmidt v. Deutsche Bank, 170 So. 3d 938 (Fla. 5th DCA 2015). REVERSED and REMANDED.…
Authorities Cited
- McLEAN v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
- Progressive Express Ins. Co. v. McGRATH Community Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005)
- Schmidt v. Deutsche Bank, 170 So. 3d 938 (Fla. 5th DCA 2015)