Legal Opinion
Janos Farkas v. U.S. Bank, National Association
District Court of Appeal of Florida
Decided May 27, 2015No. 4D13-3006PublishedCited by 3 opinions
1Opinion of the CourtMay, J.
A borrower appeals a final judgment of foreclosure, raising four issues. We find merit in the standing argument and reverse.
The borrower executed a promissory note and mortgage in favor of ComUnity Lending, Incorporated, a California Corporation. The note attached to the complaint did not contain a blank endorsement, but the note introduced at trial did.
The loan was securitized pursuant to a pooling and servicing agreement and assigned to the loan trust Washington Mutual Mortgage Pass-Through Certificates for WMALT Series 2007-OA4 (“Trust”). Washington Mutual Bank (“WaMu”) then became the…
2Cases cited6 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
- Venture Holdings & Acquisitions Group, LLC v. A.I.M. Funding Group, LLCDistrict Court of Appeal of Florida · 2011
- Elston/Leetsdale, LLC v. CWCapital Asset Management LLCDistrict Court of Appeal of Florida · 2012
- Paul G. Matthews and Maryellen L. Matthews v. Federal National Mortgage AssociationDistrict Court of Appeal of Florida · 2015
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3Cited by3 opinions
- Seidler v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2015
- Sorrell v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
- Tomlinson v. GMAC Mortgage, LLCDistrict Court of Appeal of Florida · 2015