Legal Opinion
Stoltz v. Aurora Loan Services, LLC
District Court of Appeal of Florida
Decided July 6, 2016No. 2D15-1095PublishedCited by 2 opinions
1Opinion of the Court
SALARIO, Judge.
We are again required to reverse a final judgment of foreclosure because of the plaintiffs failure to prove at trial the existence of standing at inception of the case. See Dickson v. Roseville Props., LLC, 198 So.3d 48, 40 Fla. L. Weekly D2520, 2015 WL 6777155 (Fla. 2d DCA Nov. 6, 2015) (“For better or for worse, it is settled that it is not enough for the plaintiff to prove that it has standing when the case is tried; it must also prove that it had standing when the complaint was filed.”).
In this instance, a mortgage servi-cer filed suit against the borrower and homeowner,…
2Cases cited6 opinions
- Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
- Russell v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
- May v. PHH Mortgage CorporationDistrict Court of Appeal of Florida · 2014
- Beaumont v. BANK OF NEW YORK MELLONDistrict Court of Appeal of Florida · 2012
- Dickson v. Roseville Properties, LLCDistrict Court of Appeal of Florida · 2015
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3Cited by2 opinions
- THOMAS E. JOHNSON AND KELI N. JOHNSON v. DEUTSCHE BANK TRUST COMPANYDistrict Court of Appeal of Florida · 2018
- Verizzo v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017