Legal Opinion
Bank of New York Mellon v. Heath
District Court of Appeal of Florida
Decided April 26, 2017No. 4D16-1988PublishedCited by 4 opinions
1Opinion of the CourtKlingensmith, J.
Bank of New York Mellon (“Bank”) appeals the trial court’s order granting Lisa Kay Heath (“Borrower”) an involuntary dismissal due to Bank’s lack of standing. We find it was error for the court to dismiss the foreclosure action, and reverse for a new trial.
After Borrower defaulted on the loan, Select Portfolio Servicing (“SPS”), on behalf of Bank, filed a foreclosure complaint against Borrower, alleging that Bank was holder of the note and entitled to enforce its terms. A copy of the note was attached to the complaint. Attached to the note was an allonge with three endorsements, one of which…
2Cases cited6 opinions
- Deutsche Bank National Trust Co. v. HuberDistrict Court of Appeal of Florida · 2014
- Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Bush v. BelenkeDistrict Court of Appeal of Florida · 1980
- McCabe v. HanleyDistrict Court of Appeal of Florida · 2004
- Hack v. Estate of HellingDistrict Court of Appeal of Florida · 2002
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3Cited by4 opinions
- MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
- PMT NPL Financing v. Centurion SystemsDistrict Court of Appeal of Florida · 2018
- DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE v. WILLIAM F. NOLL, I I IDistrict Court of Appeal of Florida · 2018
- Bank of New York Mellon v. BeaufortDistrict Court of Appeal of Florida · 2017