Lyttle v. BankUnited

This is an appeal of a summary judgment entered in a mortgage foreclosure case where the name of the payee on the note was not the name of the plaintiff in the foreclosure action. Appellee was the plaintiff in the trial proceedings. In Richards v. HSBC Bank USA, 91 So.3d 233 (Fla. 5th DCA 2012), this court held:

A plaintiff must tender the original promissory note to the trial court or seek to reestablish the note under section 673.3091, Florida Statutes (2010). If the note does not name the plaintiff as. the payee, the note must bear an endorsement in favor of the plaintiff or a blank…