Legal Opinion

Terry A. Kelly and Lisa Lovingood Kelly v. Bank of New York Melon, etc.

District Court of Appeal of Florida

Decided July 13, 2015No. 1D13-2778PublishedCited by 3 opinions

1Per curiam

Appellants claim the trial court erred in entering a final judgment of foreclosure in favor of appellee after a nonjury trial because appellee failed to establish it had standing to bring the foreclosure action. When they challenged appellee’s standing below, appellants correctly noted that appellee did not file the original note bearing an undated .blank endorsement until after the filing of the complaint. “Where the plaintiff files the original note after filing suit, an undated blank endorsement on the note is insufficient to prove standing at the time the initial complaint was filed.”…

2Cases cited3 opinions

  1. Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
  2. Miguel Tilus, Alta Tilus, Rose A. Joaseus and Kesner Joaseus v. AS Michai LLCDistrict Court of Appeal of Florida · 2015
  3. Susan Lloyd and James Lloyd v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2015

3Cited by3 opinions

  1. Kyser v. Bank of America, N.A.District Court of Appeal of Florida · 2016
  2. Richard M. Rigby v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017
  3. Richard M. Rigby v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017

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