Legal Opinion
Shawn Boyd v. Wells Fargo Bank
District Court of Appeal of Florida
Decided August 6, 2014No. 4D13-208PublishedCited by 30 opinions
1Opinion of the CourtStevenson, J.
Shawn Boyd appeals from a final judgment of foreclosure. Because Wells Fargo failed to prove it had standing at the time it filed its foreclosure complaint, we reverse.
Wells Fargo filed its foreclosure complaint in February of 2008. Attached to this complaint was a mortgage showing DCS Mortgage, Inc., as the lender. DCS Mortgage then assigned the mortgage to Option One. Nowhere in the record is there an indication that Option One assigned the mortgage to Wells Fargo.
A de novo standard of review applies when reviewing whether a party has standing to bring an action. Dixon v. Express Equity…
2Cases cited6 opinions
- Servedio v. US Bank National Ass'nDistrict Court of Appeal of Florida · 2010
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
- Rigby v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
- Lizio v. McCullomDistrict Court of Appeal of Florida · 2010
- Venture Holdings & Acquisitions Group, LLC v. A.I.M. Funding Group, LLCDistrict Court of Appeal of Florida · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Figueroa v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2015
- Schmidt v. Deutsche BankDistrict Court of Appeal of Florida · 2015
- Clay County Land Trust 08-04-25-0078-014-27 v. JPMorgan Chase Bank, National Ass'nDistrict Court of Appeal of Florida · 2014
- Paul G. Matthews and Maryellen L. Matthews v. Federal National Mortgage AssociationDistrict Court of Appeal of Florida · 2015
- Susan Lloyd and James Lloyd v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2015
25 more not listed; retrieve them via the Exa API.