Legal Opinion
May v. PHH Mortgage Corporation
District Court of Appeal of Florida
Decided September 3, 2014No. 2D13-1786PublishedCited by 22 opinions
1Opinion of the Court
SLEET, Judge.
Susan M. May appeals a final judgment of foreclosure entered in favor of PHH Mortgage Corporation (the bank) following a nonjury trial. May argues that the bank failed to demonstrate that it possessed the note at the time it filed the complaint. We agree. Because we hold that the bank lacked standing, we decline to address the remaining issue in this appeal.
On April 11, 2008, the bank filed a two count complaint against May for foreclosure and an action to recover or reestablish a lost note. Attached to the complaint was a copy of the note and mortgage. The note and mortgage had…
2Cases cited6 opinions
- Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
- Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
- Allard v. Al-Nayem International, Inc.District Court of Appeal of Florida · 2011
- Capital Media, Inc. v. HaaseDistrict Court of Appeal of Florida · 1994
- Khan v. Bank of America, N.A.District Court of Appeal of Florida · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Russell v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
- Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
- Schmidt v. Deutsche BankDistrict Court of Appeal of Florida · 2015
- David Lee Ham, Jr. v. Nationstar Mortgage, LLC.District Court of Appeal of Florida · 2015
- Kenney v. HSBC Bank USA, National Ass'nDistrict Court of Appeal of Florida · 2015
17 more not listed; retrieve them via the Exa API.