Legal Opinion

McLean v. JP Morgan Chase Bank National Ass'n

District Court of Appeal of Florida

Decided February 8, 2012No. 4D10-3429PublishedCited by 187 opinions

1Opinion of the Court

ON MOTION FOR CLARIFICATION

2Per curiam

We grant appellee’s motion for clarification, withdraw our previously issued opinion, and substitute the following in its place.

Robert McLean appeals a final judgment of foreclosure entered in favor of JP Morgan Chase Bank (“Chase”) as Trustee for holders of certain mortgage pass-through certificates. We reverse, concluding that the trial court erred in entering summary judgment in Chase’s favor, where the record lacked any evidence that Chase had standing to foreclose at the time the lawsuit was filed.

On May 11, 2009, Chase filed a two-count mortgage foreclosure…

3Cases cited17 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Riggs v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2010
  3. US BANK NAT. ASS'N v. KimballSupreme Court of Vermont · 2011
  4. Albelo v. Southern BellDistrict Court of Appeal of Florida · 1996
  5. Johns, Et Ux. v. GillianSupreme Court of Florida · 1938

12 more not listed; retrieve them via the Exa API.

4Cited by187 opinions

  1. Federal Home Loan Mortgage Corp. v. SchwartzwaldOhio Supreme Court · 2012
  2. Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
  3. Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
  4. CitiMortgage, Inc. v. PattersonOhio Court of Appeals · 2012
  5. Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014

182 more not listed; retrieve them via the Exa API.

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