BERESFORD BERTRAM, THERESA BERTRAM AND TENICIA
v.
U.S. BANK TRUST NATIONAL ASSOCIATION
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A lender lacks standing to obtain a final summary judgment of foreclosure when the original allonge is not timely filed with the circuit court before or at summary judgment, even if filed later.
[1] A lender must timely present the original promissory note or allonge with the court before or at the summary judgment hearing to establish standing in a foreclosure actio…
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Join FLexlaw to unlock all legal intelligence“We agree the judgment must be reversed even though the original allonge was belatedly filed with the circuit court.”
Court's resolution of the standing issue in foreclosure
Borrowers appealed from a final summary judgment of foreclosure entered by the circuit court in favor of U.S. Bank Trust National Association. The ban…
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is permitted to reconfirm the final judgment on remand.
Affirmed in part, reversed in part, and remanded. KLINGENSMITH, C.J., KUNTZ and ARTAU, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.