Legal Opinion

Bank of New York Mellon Trust Company, N.A. v. Dennis M. Conley

District Court of Appeal of Florida

Decided January 6, 2016No. 4D14-2430PublishedCited by 7 opinions

1Opinion of the CourtStevenson, J.

In this foreclosure case’, the trial court granted the borrower’s motion for involuntary dismissal because the bank did not present competent substantial evidence of its standing to foreclose. We affirm.

The record in this case reveals that, at one time or another, at least six different banking entities claimed ownership of the borrower’s note. The problem is not the number of entities claiming, ownership, but the similarities of their names. Two of the entities are:

• JP Morgan Chase Bank; and

• JP Morgan Chase & Co.

Two others are:

• Bank of New York Company, Inc.; and

• The Bank of New York…

2Cases cited3 opinions

  1. Donna Murray and Marc Murray v. HSBC Bank USADistrict Court of Appeal of Florida · 2015
  2. Verizzo v. Bank of New YorkDistrict Court of Appeal of Florida · 2010
  3. Craig D. Lamb v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015

3Cited by7 opinions

  1. Mathis v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2017
  2. Kumar v. U.S. Bank, N.A.District Court of Appeal of Florida · 2017
  3. Frank Certo and Muriel Certo v. The Bank of New York Mellon F/K/A etc.District Court of Appeal of Florida · 2019
  4. Jorge Sosa and Jeanette Sosa v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2016
  5. MARCIA SUPRIA v. GOSHEN MORTGAGE, LLCDistrict Court of Appeal of Florida · 2017

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