Legal Opinion

Wells Fargo Bank, N.A., As Trustee, etc. v. James Ousley A/K/A James E. Ousley, Jr.,etal

District Court of Appeal of Florida

Decided June 15, 2016No. 1D15-2100PublishedCited by 2 opinions

1Per curiam

In this foreclosure action, Wells Fargo Bank challenges the entry of an involuntary dismissal based on its failure to prove standing. Because the bank provided sufficient evidence to establish standing, we reverse.

Attached to Wells Fargo’s foreclosure complaint was a copy of the note and an allonge containing three endorsements: the first two were special endorsements to non-parties, and the third was a blank endorsement. At trial, Wells Fargo introduced the original note and an assignment of mortgage. A bank witness testified that the original note entered into evidence at trial was…

2Cases cited10 opinions

  1. Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
  2. Deutsche Bank National Trust Co. v. LippiDistrict Court of Appeal of Florida · 2012
  3. Katos v. CushingDistrict Court of Appeal of Florida · 1992
  4. May v. PHH Mortgage CorporationDistrict Court of Appeal of Florida · 2014
  5. Ham v. Heintzelman's Ford, Inc.District Court of Appeal of Florida · 1971

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3Cited by2 opinions

  1. Wilmington Savings Fund Society, FSB v. LouissaintDistrict Court of Appeal of Florida · 2017
  2. Green Tree Servicing, LLC v. AtchisonDistrict Court of Appeal of Florida · 2017

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