Legal Opinion
Assil v. Aurora Loan Services, LLC
District Court of Appeal of Florida
Decided August 12, 2015No. 4D14-2257PublishedCited by 5 opinions
1Per curiam
We reverse the final judgment of foreclosure entered in favor of appellee Na-tionstar Mortgage, LLC, successor in interest to Aurora Loan Services, LLC (Aurora), because appellee failed to establish by competent evidence that Aurora had standing to enforce the mortgage when it filed the mortgage foreclosure action.
Whether a party has standing to bring an action is reviewed de novo. Boyd v. Wells Fargo Bank, N.A., 143 So.3d 1128, 1129 (Fla. 4th DCA 2014).
“The plaintiff must prove that it had standing to foreclose when the complaint was filed.” Vidal v. Liquidation Props., Inc., 104 So.3d 1274,…
2Cases cited5 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Shawn Boyd v. Wells Fargo BankDistrict Court of Appeal of Florida · 2014
- Vidal v. Liquidation Properties, Inc.District Court of Appeal of Florida · 2013
- Taoufiq Seffar v. Residential Credit Solutions, Inc.District Court of Appeal of Florida · 2015
3Cited by5 opinions
- Fallon Rahima Jallali v. Christiana Trust, etc.District Court of Appeal of Florida · 2016
- LUTHER EDWARD SPICER and CLARA JEAN MAY v. OCWEN LOAN SERVICING, LLCDistrict Court of Appeal of Florida · 2018
- US Bank, NA v. GlickenDistrict Court of Appeal of Florida · 2017
- Ventures Trust 2013-I-H-R Ex Rel. JPMorgan Chase Bank, National Ass'n v. Asset Acquisitions & Holdings TrustDistrict Court of Appeal of Florida · 2016
- Fallon Rahima Jallali v. Christiana Trust, etc.District Court of Appeal of Florida · 2016