Legal Opinion

Russell v. Aurora Loan Services, LLC

District Court of Appeal of Florida

Decided April 24, 2015No. 2D14-3166PublishedCited by 24 opinions

1Opinion of the Court

BLACK, Judge.

William Russell appeals a final judgment of foreclosure entered in favor of Nations-tar Mortgage, LLC (Nationstar), following a bench trial. We reverse because Na-tionstar failed to establish that the original plaintiff, Aurora Loan Services, LLC (Aurora), had standing to foreclose at the time Aurora filed the foreclosure complaint.

On February 25, 2011, Aurora filed a single-count, verified complaint for foreclosure. In the complaint, Aurora alleged both that it was the servicer of the loan, authorized to bring the lawsuit, and that it held the note and mortgage. Attached to the…

2Cases cited10 opinions

  1. Kumar Corp. v. Nopal Lines, Ltd.District Court of Appeal of Florida · 1985
  2. Mortgage Electronic Registration v. AzizeDistrict Court of Appeal of Florida · 2007
  3. Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
  4. Donna Murray and Marc Murray v. HSBC Bank USADistrict Court of Appeal of Florida · 2015
  5. May v. PHH Mortgage CorporationDistrict Court of Appeal of Florida · 2014

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3Cited by24 opinions

  1. Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
  2. Mario A. Rodriguez and Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a America's Servicing CompanyDistrict Court of Appeal of Florida · 2015
  3. Geweye v. Ventures Trust 2013-I-H-RDistrict Court of Appeal of Florida · 2016
  4. Houk v. PennyMac Corp.District Court of Appeal of Florida · 2017
  5. Dickson v. Roseville Properties, LLCDistrict Court of Appeal of Florida · 2015

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