SELVA ADRIANA CALVO AND MARCOS FABIAN CALVO, APPELLANTS,
v.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-BC-1, APPELLEE
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The Florida Fourth District Court of Appeal reversed a foreclosure judgment against homeowners Selva and Marcos Calvo, finding that U.S. Bank failed to establish standing to foreclose because it did not prove possession of the indorsed promissory note when the complaint was filed. The court held that a lender seeking to foreclose based on a blank indorsement must present competent evidence that the indorsement was placed on the note before suit commenced.
U.S. Bank did not establish standing to foreclose because it failed to present competent, substantial evidence that the blank indorsement was placed on the note before the complaint was filed. Where a plaintiff's status as holder relies on a blank indorsement, the plaintiff must establish possession of the original indorsed note when the complaint was filed, supported by evidence regarding the timing of the indorsement.
[1] A plaintiff in a foreclosure action must establish standing at the time the complaint is filed.
[2] Where a plaintiff's status as holder of a note relies on a blank indorsement, the plaintiff must establish possession of the original note, indorsed in blank, when the co…
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Join FLexlaw to unlock all legal intelligence“if an indorsement is undated and appears for the first time after the complaint is filed, some evidence must be introduced that will support a finding that the indorsement was made prior to the complaint's filing.”
Establishes the evidentiary requirement that when an indorsement first appears after filing, affirmative evidence of pre-filing indorsement is necessary
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Join FLexlaw to unlock all legal intelligenceAegis Funding Corporation was the original lender. U.S. Bank filed a foreclosure action on May 24, 2010, attaching copies of the mortgage and note to …
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Selva and Marcos Calvo appeal a final judgment of foreclosure. We find the trial court erred because U.S. Bank National Association did not establish its standing to foreclose when the complaint was filed.. We thus reverse.
The original lender in this case was Aegis Funding Corporation. U.S. Bank filed this foreclosure action on May 24, 2010, attaching copies of the mortgage and note to the complaint. The note attached to the complaint did not include any indorse-ments.
More than three years later, counsel for U.S. Bank filed a document entitled “Certification of Possession of Original Promissory Note.” The copy of the note attached to the certification included two stamped indorsements including an indorsement in blank. At trial, U.S. Bank filed the original note, also bearing an indorsement in blank.1
U.S. Bank’s only witness was an employee of the servicer. She testified that counsel for U.S. Bank had possession of the original note when the complaint was filed. She did not testify as to when the indorsements were placed on the note, and she did not know whether the original note the attorneys had in their possession when suit was filed included the indorse-ments.
*564If a note is indorsed in blank, it is payable to the bearer and is “negotiated by transfer of possession alone.” § 673.2051(2), Fla. Stat. (2014) (emphasis added). Where the plaintiffs status as holder relies on a blank indorsement, the plaintiff must establish that it had possession of the original note, indorsed in blank, when the complaint was filed. See Snyder v. JP Morgan Chase Bank, Nat’l Ass’n, 169 So.3d 1270, 1273 (Fla. 4th DCA 2015); McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012).
While it is not necessary for the plaintiff to prove the exact date the in-dorsement was placed on the noté, the plaintiff must present competent, substantial evidence that the indorsement was placed’on the nóte before suit was filed. “We have said before, and apparently néed say again: if an indorsement is undated and appears for the first time after the complaint is filed, some evidence must be introduced that will support a finding that the indorsement was made' prior to the complaint’s filing.” Jelic v. BAC Home Loans Servicing, L.P., 178 So.3d 523, 524 (Fla. 4th DCA 2015).
At bar, U.S. Bank’s witness was testifying from screenshots. The screenshots set forth the date the note changed hands, but did not set forth whether the note that was changing hands included the blank in-dorsement. ,.U.S, Bank thus failed to establish its possession of the indorsed note on the requisite date.
■ Accordingly,' U.S. Bank did not-prove that it was the holder when this action was commenced, and we find that U.S. Bank did not establish its standing to foreclose when the complaint was filed. We thus reverse the 'final judgment of foreclosure and remand for entry of an order of involuntary dismissal of the action. See Sosa v. U.S. Bank Nat'l Ass’n, 153 So.3d 950, 952 (Fla. 4th DCA 2014).
Reversed and remanded.
DAMOORGIAN and CONNER, JJ., concur.
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Rosa v. Deutsche Bank Nat'l Tr. Co. for Fremont Home Loan Tr. 2006-1, 191 So. 3d 987 (Fla. 2d DCA 2016)…al note.”). Further, “[w]here the plaintiffs status as holder relies on a blank indorsement, the plaintiff must establish that it had possession of the original note, indorsed in blank, when the complaint was' filed.” Calvo v. U.S. Bank Nat’l Ass’n, 181 So. 3d 562, 564 (Fla. 4th DCA 2015); see also Eagles Master Ass’n v. Bank of Am., N.A., — So. 3d —, —, 40 Fla. L. Weekly D1510, D1510, 2015 WL 3915871 (Fla. 2d DCA June 26, 2015). In this case, Deutsche Bank asserted standing as the holder of a note endorsed…
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Braga v. Fannie MAE ("Federal Nat'l Mortg. Association"), 187 So. 3d 1272 (Fla. 4th DCA 2016)…e complaint was filed. McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012). When a note is indorsed in blank, it becomes bearer paper and is “negotiated by transfer of possession alone.” Calvo v. U.S. Bank Nat’l Ass’n, 181 So. 3d 562, 564 (Fla. 4th DCA 2015) (quoting § 673.2051(2), Fla. Stat. (2014)). If a plaintiffs standing derives from its status as a holder, based on an indorsement in blank, the plaintiff must establish that it had possession of the indorsed original note at…
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Viteri v. Deutsche Bank Nat'l Tr. Co. FOR Harborview Mortg. Loan Pass-Through Certificates, 264 So. 3d 963 (Fla. 4th DCA 2019)…emphasis added). Where the plaintiff’s status as holder relies on a blank indorsement, the plaintiff must establish that it had possession of the original note, indorsed in blank, when the complaint was filed. Calvo v. U.S. Bank Nat’l Ass’n, 181 So. 3d 562, 564 (Fla. 4th DCA 2015). Here, the bank established its standing as holder by its possession of the original note indorsed in blank when the complaint was filed. Once the bank established its standing as holder, the trust’s role was not rele…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McLEAN v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
- Alva Sosa and Alex Amador v. U.S. Bank Nat'l Ass'n, 153 So. 3d 950 (Fla. 4th DCA 2014)
- Jelic v. BAC Home Loans Servicing, LP, 178 So. 3d 523 (Fla. 4th DCA 2015)
- Snyder v. JP Morgan Chase Bank, 169 So. 3d 1270 (Fla. 4th DCA 2015)