RAFAEL A. PAREJA AND MARIA D. ARROYO CISNEROS A/K/A MARIA D. ARROYO A/K/A MARIA E. ARROYO
v.
WILMINGTON SAVINGS FUND SOCIETY, FSB
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A mortgagee may establish standing to enforce a note through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.
[1] A mortgagee seeking to enforce a note that is specially indorsed to another party may establish standing through evidence of a valid assignment, proof of purchase of the…
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Join FLexlaw to unlock all legal intelligence“Where a bank is seeking to enforce a note which is specially indorsed to another, it may prove standing through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.”
Court stating the legal standard for establishing standing in mortgage enforcement actions
Pareja and Arroyo Cisneros borrowed money and executed a mortgage secured by real property. Wilmington Savings Fund Society, FSB sought to enforce the…
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PER CURIAM. Affirmed. See Wilmington Sav. Fund Soc’y, FSB v. Stevens, 290 So. 3d 115, 118 (Fla. 4th DCA 2020); Miller v. Kondaur Capital Corp., 91 So. 3d 218, 219 (Fla. 4th DCA 2012); see also Lamb v. Nationstar Mortg., LLC, 174 So. 3d 1039, 1040 (Fla. 4th DCA 2015) (“Where a bank is seeking to enforce a note which is specially indorsed to another, it may prove standing through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.”) (citation and internal quotation marks omitted). WARNER, DAMOORGIAN and FORST, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.