Legal Opinion
Rosanie Joseph v. BAC Home Loans Servicing, LP
District Court of Appeal of Florida
Decided January 7, 2015No. 4D12-4137PublishedCited by 9 opinions
1Opinion of the Court
WARNER, J'.
A homeowner appeals a final judgment of foreclosure, arguing that the note and mortgage holder failed to prove its standing to foreclose at the time of the filing of the complaint. We agree that the plaintiff produced no evidence to show that. it owned the note or mortgage on the date of the filing of -the complaint. We thus reverse.
The homeowner executed a note and mortgage to Key Mortgage Associates in 2008. On July 21, 2009, Taylor, Bean & Whitaker Mortgage Corporation filed its complaint for foreclosure and attached the mortgage, but no note or assignments. Taylor Bean claimed…
2Cases cited2 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Elston/Leetsdale, LLC v. CWCapital Asset Management LLCDistrict Court of Appeal of Florida · 2012
3Cited by9 opinions
- Susan Lloyd and James Lloyd v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Alicia Vogel and Howard Vogel v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
- Sorrell v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
- Rosanna Guzman and Francisco Guzman v. Deutsche Bank National Trust CompanyDistrict Court of Appeal of Florida · 2015
- SAMANTHA ROUSSELL v. THE BANK OF NEW YORK MELLONDistrict Court of Appeal of Florida · 2019
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