Legal Opinion

Cromarty v. Wells Fargo Bank, NA

District Court of Appeal of Florida

Decided April 17, 2013No. 4D11-4435PublishedCited by 1 opinion

1Opinion of the CourtGerber, J.

The borrowers appeal from the circuit court’s final summary judgment of foreclosure in the bank’s favor. The borrowers *989argue, among other things, that the bank failed to negate their affirmative defense of lack of standing. Specifically, the borrowers argue that the note’s blank endorsement was undated and the bank’s evidence was insufficient to establish that it held the note and was entitled to enforce the note at the time it filed suit.

We agree with the borrowers’ argument as to standing and reverse. See Hall v. REO Asset Acquisitions, LLC, 84 So.3d 388 (Fla. 4th DCA 2012) (“While the note…

2Cases cited1 opinion

  1. Hall v. Reo Asset Acquisitions, LLCDistrict Court of Appeal of Florida · 2012

3Cited by1 opinion

  1. Abdel (Darwish) Darwiche and Batoul (Darwish) Darwiche v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2016

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