Everhome Mortgage Co. v. Janssen

LaROSE, Judge.

Everhome Mortgage Company appeals an order vacating a final judgment of foreclosure against David and Kathleen Janssen. See Fla. R. Civ. P. 1.540(b)(4). That order also dismissed Everhome’s foreclosure action. The trial court ruled that it had lacked jurisdiction to enter a final judgment because Everhome was not the holder of the mortgage when it filed the complaint. According to the trial court, *1240Everhome lacked standing to sue. The trial court erred.

We are compelled to point out that possession of the note determines standing to foreclose. See Taylor v. Bayview Loan Servicing,…