LUIS N. MENDEZ, ETC.
v.
GREEN MOUNTAIN HOLDINGS (CAYMAN) LTD.
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When a copy of a note is attached to a foreclosure complaint and the original note is later filed with the court in the same condition, the creditor has established actual possession and is entitled to bring the foreclosure action, and the action is timely if the default occurred within five years of filing.
[1] A party may establish actual possession of a note and entitlement to bring a foreclosure action by attaching a copy of the note to the complaint and later filing the orig…
[2] The surrender requirement for a note is satisfied if the original note is filed with the clerk or judge before a judgment is entered on the note, even if not attached to…
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Join FLexlaw to unlock all legal intelligence“when a copy of a note is attached to a complaint and a party later files with the court the original note in the same condition as the copy attached to this complaint this is sufficient to establish the party had actual possession and was entitled to bring the foreclosure action”
Standard for demonstrating possession of a promissory note in foreclosure actions
Mendez appealed a foreclosure judgment entered against him by Green Mountain Holdings. The trial court found that Green Mountain satisfied the require…
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PER CURIAM.
Affirmed. See Ortiz v. PNC Bank, Nat. Ass’n, 188 So. 3d 923, 925 (Fla. 4th DCA 2016) (finding that when a copy of a note is attached to a complaint and a party later files with the court the original note in the same condition as the copy attached to this complaint this is sufficient to establish the party had actual possession and was entitled to bring the foreclosure action); Alavi v. Garcia, 140 So. 3d 1141, 1143 (Fla. 5th DCA 2014) (“To satisfy the ‘surrender’ requirement, it is not necessary that the original note be attached to the affidavit in support of summary judgment, provided that it is surrendered to the court by filing it with the clerk or judge before judgment is entered on the note.”); U.S. Bank Nat’l Ass’n for Lehman XS Tr. Mortgage Pass-Through Certificates, Series 2007-16N v. Morelli, 249 So. 3d 717, 721 (Fla. 3d DCA 2018) (finding it is well settled law that “when a foreclosure complaint alleges a borrower is in default for any payment due within five years of the filing of the complaint, the action is not barred by section 95.11(2)(c) of the Florida Statutes.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ortiz v. PNC Bank, 188 So. 3d 923 (Fla. 4th DCA 2016)
- U.S. Bank v. Morelli, 249 So. 3d 717 (Fla. 3d DCA 2018)
- Sia-Mack Alavi and Valerie Alavi v. Garcia, 140 So. 3d 1141 (Fla. 5th DCA 2014)