Legal Opinion
AR6, Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A.
District Court of Appeal of Florida
Decided October 14, 2015No. 4D14-2757-Suzanne Peoples a/k/a Suzanne M. Peoples v. Sami II Trust 2006PublishedCited by 10 opinions
1Opinion of the CourtMay, J.
The first lesson in “Foreclosures 101”: a lender must prove it had standing before the complaint is filed to foreclose on a mortgage. The borrower appeals a final judgment of foreclosure after a non-jury trial. She argues, among other issues, that ■ the bank failed the first lesson — it failed to prove standing. We agree and reverse.
The borrower executed a note and mortgage in favor of America’s Wholesale Lender (“AWL”). When the borrower defaulted, SAMI II Trust (“Trust”) filed a complaint to foreclose on the mortgage in September 2007. Attached to the complaint was a copy of the note and…
2Cases cited6 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
- Paul G. Matthews and Maryellen L. Matthews v. Federal National Mortgage AssociationDistrict Court of Appeal of Florida · 2015
- Henri C. LaFrance and Marie LaFrance v. US Bank NationalDistrict Court of Appeal of Florida · 2014
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sonia J. Sanchez and Hector L. Sanchez v. SunTrust BankDistrict Court of Appeal of Florida · 2015
- Rosanna Guzman and Francisco Guzman v. Deutsche Bank National Trust CompanyDistrict Court of Appeal of Florida · 2015
- ROBERTO VIEIRA and SHAWN D. VIEIRA v. PENNYMAC CORP.District Court of Appeal of Florida · 2018
- Laura T. Hepworth and Michael E. Hepworth v. Wells Fargo Bank, N.A., etc.District Court of Appeal of Florida · 2015
- Craven-Lazarus v. Pennymac Holdings, LLCDistrict Court of Appeal of Florida · 2016
5 more not listed; retrieve them via the Exa API.