Mario A. Rodriguez and Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a America's Servicing Company
District Court of Appeal of Florida
1Opinion of the Court
CIKLIN, O.J.
Mario and Lendy Rodriguez (“the homeowners”) appeal a final judgment of foreclosure entered in favor of Wells Fargo-Bank, N.A. d/b/a America’s Servicing Company (“the bank”), contending that the bank failed to establish standing to foreclose. We agree and reverse.
The bank brought a.foreclosure action against the homeowners in 2(110 alleging it was “the holder of the Mortgage Note and Mortgage and/or is entitled to enforce the Mortgage Note and Mortgage.” The copy of the note attached to the complaint was not indorsed.
Prior to-trial, the bank filed the original note in the court…
Also in this document: Concurrence.
2Cases cited8 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Mortgage Electronic Registration v. AzizeDistrict Court of Appeal of Florida · 2007
- Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
- Deutsche Bank National Trust Co. v. LippiDistrict Court of Appeal of Florida · 2012
- Russell v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Madl v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
- Houk v. PennyMac Corp.District Court of Appeal of Florida · 2017
- Deutsche Bank National Trust Company v. HagstromDistrict Court of Appeal of Florida · 2016
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