Legal Opinion

Mathis v. Nationstar Mortgage, LLC

District Court of Appeal of Florida

Decided May 26, 2017No. Case 2D15-2782PublishedCited by 3 opinions

1Opinion of the Court

WALLACE, Judge.

Byron Mathis challenges a final judgment of foreclosure entered in favor of Nationstar Mortgage, LLC (Nationstar), after a bench trial. He contends that there was insufficient evidence to prove Nations-tar’s standing -to foreclose as a holder in possession of the note, to which an allonge had been attached, secured, by the mortgage. Because Nationstar failed to submit the original allonge to the note for filing in the court file either before or at the time of trial, we reverse.

On May 22, 2007, Mr. Mathis executed a note in favor of Homecomings Financial, LLC (Homecomings…

2Cases cited13 opinions

  1. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  2. Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
  3. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  4. Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
  5. Donna Murray and Marc Murray v. HSBC Bank USADistrict Court of Appeal of Florida · 2015

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3Cited by3 opinions

  1. MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
  2. ISAIAH L. SPENCER & SHATIKA L. SPENCER v. DITECH FINANCIAL, L L CDistrict Court of Appeal of Florida · 2018
  3. JAMES MC CAMPBELL v. FEDERAL NATIONAL MORTGAGE ASSOCIATIONDistrict Court of Appeal of Florida · 2018

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