Legal Opinion
Walsh v. Bank of New York Mellon Trust
District Court of Appeal of Florida
Decided April 21, 2017No. Case 5D15-1898PublishedCited by 2 opinions
1Opinion of the CourtPalmer, J.
Patrick and Catherine, Walsh (borrowers) appeal the trial court’s final judgment of foreclosure entered in favor of Bank of New York Trust (the bank). Determining that the bank failed to prove standing, we reverse and remand for the entry of an involuntary dismissal.
“A crucial element in any mortgage foreclosure proceeding is that the party seeking foreclosure must demonstrate that it has standing to foreclose.” McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012) (citations omitted). Additionally, a “party must have standing to file suit at its inception and may…
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
- Gonzalez v. BAC Home Loans Servicing, L.P.District Court of Appeal of Florida · 2015
- Cutler v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2012
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3Cited by2 opinions
- MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
- Green v. Green Tree Servicing, LLCDistrict Court of Appeal of Florida · 2017