Legal Opinion
Wells Fargo Bank, N.A. v. Morcom
District Court of Appeal of Florida
Decided October 11, 2013No. 5D11-4089PublishedCited by 21 opinions
1Opinion of the CourtWallis, J.
Appellant appeals the lower court’s order granting summary judgment in favor of Appellees, in which the trial court held that to have standing to foreclose a mortgage, a party must be the holder and owner of the promissory note. Because the Florida Uniform Commercial Code (“Florida UCC”) and our previous decision in Deutsche Bank National Trust Co. v. Lippi, 78 So.3d 81 (Fla. 5th DCA 2012), require a party seeking foreclosure to be the holder of the note, we reverse.
Appellant filed a complaint on August 6, 2010, seeking to foreclose a mortgage issued by Appellees. Appellant alleged, inter…
2Cases cited12 opinions
- Riggs v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2010
- Fox v. Professional Wrecker Operators of Florida, Inc.District Court of Appeal of Florida · 2001
- Mortgage Electronic Registration v. AzizeDistrict Court of Appeal of Florida · 2007
- Deutsche Bank National Trust Co. v. LippiDistrict Court of Appeal of Florida · 2012
- Taylor v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2010
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Miguel Tilus, Alta Tilus, Rose A. Joaseus and Kesner Joaseus v. AS Michai LLCDistrict Court of Appeal of Florida · 2015
- Mario A. Rodriguez and Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a America's Servicing CompanyDistrict Court of Appeal of Florida · 2015
- Clay County Land Trust 08-04-25-0078-014-27 v. JPMorgan Chase Bank, National Ass'nDistrict Court of Appeal of Florida · 2014
- HSBC Bank USA v. BusetDistrict Court of Appeal of Florida · 2018
- Phan v. Deutsche Bank National Trust CompanyDistrict Court of Appeal of Florida · 2016
16 more not listed; retrieve them via the Exa API.