Legal Opinion

David Lee Ham, Jr. v. Nationstar Mortgage, LLC.

District Court of Appeal of Florida

Decided May 26, 2015No. 1D14-4024PublishedCited by 16 opinions

1Opinion of the CourtBilbrey, J.

Appellant, David Lee Ham, Jr., appeals the final judgment of foreclosure entered in favor of Nationstar Mortgage, LLC. Because the evidence of the original plaintiffs standing to enforce the note was insufficient to support the final judgment, we reverse.

The lawsuit commenced on February 7, 2008, upon the filing of the complaint by Aurora Loan Services, LLC. In Count I, Aurora alleged that it sought to “reestablish a promissory note under Section 673.3091, Florida Statutes,” that it was the owner of the note, and that it “was in possession of the promissory note and was entitled to enforce it…

2Cases cited17 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  3. Aills v. BoemiSupreme Court of Florida · 2010
  4. Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
  5. Universal Insurance Co. of North America v. WarfelSupreme Court of Florida · 2012

12 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Snowden v. Wells Fargo BankDistrict Court of Appeal of Florida · 2015
  2. Seidler v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2015
  3. Sorrell v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
  4. Abraham Segall v. Wachovia BankDistrict Court of Appeal of Florida · 2016
  5. Robert K. Walton v. Deutsche Bank National Trust Co., etc.District Court of Appeal of Florida · 2016

11 more not listed; retrieve them via the Exa API.

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