Brandenburg v. Residential Credit Solutions, Inc.
District Court of Appeal of Florida
1Opinion of the CourtWarner, J.
We affirm the final summary judgment of foreclosure. Appellants claim that ap-pellee failed to show that it had standing at the inception of the foreclosure action, because: (1) the assignment of mortgage to appellee was not recorded in the public records until after the commencement of the suit; and (2) the record shows that appellee did not acquire the note and mortgage until after commencement. Neither argument has merit.
First, the failure to record an assignment does not render it invalid but simply affects the rights/priority of the assignee mortgagees against other assignees. See…
2Cases cited3 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- JP Morgan Chase v. New Millennial, LCDistrict Court of Appeal of Florida · 2009
- Good v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
3Cited by9 opinions
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Gregory Sandefur v. RVS Capital, LLC, Rio Vista Saloon, LLC, and David ZwickDistrict Court of Appeal of Florida · 2016
- Houk v. PennyMac Corp.District Court of Appeal of Florida · 2017
- LUTHER EDWARD SPICER and CLARA JEAN MAY v. OCWEN LOAN SERVICING, LLCDistrict Court of Appeal of Florida · 2018
- Wachovia Mortgage, F.S.B. v. GoodwillDistrict Court of Appeal of Florida · 2016
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