U.S. BANK TRUST NATIONAL ASSOCIATION
v.
ADRIA SEELEY, ET AL.
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A plaintiff may establish standing to foreclose a mortgage by proving it holds the note, regardless of whether it is recorded as the assignee, because the mortgage security follows the note.
[1] Under the Uniform Commercial Code, a plaintiff may establish standing to foreclose a mortgage by proving it holds the promissory note or is otherwise entitled to enforce…
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Join FLexlaw to unlock all legal intelligence“standing may be established from a plaintiff's status as the note holder, regardless of any recorded assignments”
Court citing McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012)
U.S. Bank Trust National Association, as trustee of LSF10 Master Participation Trust, sought to foreclose a mortgage against Adria Seeley and Eric Esp…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY, BUT SOLELY AS TRUSTEE OF LSF10
No. 4D2023-1868
[July 17, 2024]
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Janet C. Croom, Judge; L.T. Case No. 2022CA000132.
Steven J. Brotman of Locke Lord LLP, West Palm Beach, for appellant.
Leo W. Desmond of Desmond Law Firm, P.C., Vero Beach, for appellees.
PER CURIAM.
The bank appeals an order denying its request for mortgage foreclosure due to lack of standing. The bank argues that it proved standing to foreclose based on its status as holder of the note. We agree. “[S]tanding may be established from a plaintiff’s status as the note holder, regardless of any recorded assignments.” McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012). “[U]nder the Uniform Commercial Code, a plaintiff is not required to be both the owner and holder of the note in order to have standing to foreclose. . . . Instead, the plaintiff may establish standing by showing that it owns or holds the note, or is otherwise entitled to enforce the note.” Aquasol Condo. Ass’n v. HSBC Bank USA, Nat’l Ass’n, 312 So. 3d 105, 112 (Fla. 3d DCA 2018) (emphasis added) (citations omitted). “[T]he mortgage security follow[s] the note.” Am. Central Ins. Co. of St. Louis, Mo. v. Whitlock, 165 So. 380, 382 (Fla. 1936). Thus, we reverse and remand for further proceedings consistent with this opinion.
Reversed and remanded.
2
CIKLIN, LEVINE and CONNER, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McLEAN v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
- Am. Cent. Ins. Co. v. Whitlock, 122 Fla. 363 (Fla. 1936)