SHARLENE HAMPTON LEWIS, APPELLANT,
v.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ABFC 2007-WMC 1 TRUST, ASSET-BACKED CERTIFICATES, SERIES 2007-WMC1, APPELLEE
*47 ON MOTION FOR REHEARING
We grant appellant’s motion for rehearing, withdraw our per curiam affirmance, and enter the following opinion.
In 2008, appellee bank filed a foreclosure action and included a count seeking'to reestablish a lost note. No copy of the original note was attached to the complaint. The case went to trial in 2014. The endorsements on an allonge to the note were undated and the bank’s witness could not testify when the endorsements were placed on the allonge. The bank’s reliance on a pooling and servicing agreement was insufficient to establish the bank’s standing to bring suit at the time the suit was filed. See Jarvis v. Deutsche Bank Nat.’l Trust Co., 169 So.3d 194, 196 (Fla. 4th DCA 2015); Batch v. LaSalle Bank N.A., 171 So.3d 207, 209 (Fla. 4th DCA 2015); Perez v. Deutsche Bank Nat.'l Trust Co., 174 So.3d 489, 491 (Fla. 4th DCA 2015).
Reversed and remanded.
GROSS, GERBER and KLINGENSMITH, JJ., concur.
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Meranda W. Bolous v. U.S. Bank Nat'l Ass'n for Credit Suisse First Boston Mortg. Sec. Corp., 210 So. 3d 691 (Fla. 4th DCA 2016)…tablish the bank’s standing as the owner or holder of the borrower’s note at the time the bank filed the original complaint. We disagree with the borrower’s argument and affirm. We write to distinguish this case from Lewis v. U.S. Bank Nat’l Ass’n, 188 So. 3d 46 (Fla. 4th DCA 2016), where we held, without a detailed explanation, that a bank’s reliance on a pooling and servicing agreement was insufficient to establish the bank’s standing to bring suit at the time the suit was filed. Our review of Lems indica…1 / 3
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Deutsche Bank Nat'l Tr. Co. v. Ari F. Marciano, 190 So. 3d 166 (Fla. 5th DCA 2016)…). REVERSED and. REMANDED. LAWSON, CJ. and SAWAYA, JJ., concur. . We have not overlooked our decision in Schmidt v. Deutsche Bank, 170 So. 3d 938, 940 (Fla. 5th DCA 2015) or the Fourth District’s recent decision in Lewis v. U.S. Bank Nat'l Ass’n, 188 So. 3d 46 (Fla. 4th DCA 2016). In each case, the court determined that the lend- ; er failed to prove standing despite the admission of a PSA. Lewis; Schmidt. However, neither, decision discussed any particular provisions of the respective PSAs. Our independe…
Authorities Cited
- Balch v. Lasalle Bank N.A. for Wash. Mut. Mortg. Pass-through Certificates Wmart Series 2006-5 Tr., 171 So. 3d 207 (Fla. 4th DCA 2015)
- Jarvis v. Deutsche Bank Nat'l Tr. Co. for GSR 2006-OA-1, 169 So. 3d 194 (Fla. 4th DCA 2015)
- Perez v. Deutsche Bank Nat'l Tr. Co., 174 So. 3d 489 (Fla. 4th DCA 2015)