Legal Opinion

Lewis v. J.P. Morgan Chase Bank

District Court of Appeal of Florida

Decided May 28, 2014No. 4D13-1389PublishedCited by 9 opinions

1Opinion of the CourtGerber, J.

The borrower appeals from the circuit court’s foreclosure judgment for the bank. The borrower argues that the bank did not have standing to pursue the foreclosure action because it acquired the note and mortgage and was substituted as the plaintiff during the pendency of the action. We disagree with the borrower’s argument because the original lender possessed the note and mortgage when it filed suit against the borrower before assigning the note and mortgage to the bank during the pendency of the action. Thus, we affirm the foreclosure judgment.

We recognize that on repeated occasions, we…

2Cases cited3 opinions

  1. Rigby v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
  2. Venture Holdings & Acquisitions Group, LLC v. A.I.M. Funding Group, LLCDistrict Court of Appeal of Florida · 2011
  3. Gascue v. HSBC Bank, U.S.A.District Court of Appeal of Florida · 2012

3Cited by9 opinions

  1. Gregory Sandefur v. RVS Capital, LLC, Rio Vista Saloon, LLC, and David ZwickDistrict Court of Appeal of Florida · 2016
  2. LUTHER EDWARD SPICER and CLARA JEAN MAY v. OCWEN LOAN SERVICING, LLCDistrict Court of Appeal of Florida · 2018
  3. Luiz v. Lynx Asset Services, LLCDistrict Court of Appeal of Florida · 2016
  4. Nationstar Mortgage, LLC v. Bo ChanDistrict Court of Appeal of Florida · 2017
  5. GMAC MORTGAGE, LLC v. LINDA PISANO AND STEVEN PISANODistrict Court of Appeal of Florida · 2017

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