Craven-Lazarus v. Pennymac Holdings, LLC
District Court of Appeal of Florida
1Opinion of the CourtCiklin, C.J.
Victoria Craven-Lazarus (“the homeowner”) timely appeals a final summary judgment of foreclosure entered in favor of PennyMac Holdings, LLC (“PennyMac”). We agree with the homeowner’s argument that summary judgment was improperly entered because her affirmative defense of lack of standing was not refuted, and therefore reverse.
The original plaintiff in the action below was JPMorgan Chase Bank (“JPMorgan”). A copy of the note with a blank endorsement was attached to the complaint. JPMorgan asserted in the initial complaint that it was “entitled to enforce the Note as a holder in possession.”
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2Cases cited8 opinions
- Moore v. MorrisSupreme Court of Florida · 1985
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Cohen v. ArvinDistrict Court of Appeal of Florida · 2004
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3Cited by1 opinion
- FLORIDA HOLDING 4800 LLC v. LAUDERHILL LENDING, LLCDistrict Court of Appeal of Florida · 2019