Florida District Courts of Appeal, 2014

Shawn Boyd v. Wells Fargo Bank

Florida District Courts of Appeal · Decided August 6, 2014 · Stevenson, Ciklin, Forst

143 So. 3d 1128; 2014 WL 3843098; 2014 Fla. App. LEXIS 12023 (Southern Reporter, Third Series)

Cases that cite this one

33 later published cases cite this decision. The 24 that cite it most often are listed here.

Nationstar Mortgage, LLC v. Bo Chan (Fla. Dist. Ct. App. 2017)
Schmidt v. Deutsche Bank (Fla. Dist. Ct. App. 2015)
The Bank of New York Mellon, Etc. v. Remonde Lopez and Samuel Lopez (Fla. Dist. Ct. App. 2025)
Jessie Warren v. Gregory Tony, as Sheriff of Broward County (Fla. Dist. Ct. App. 2025)
Kimberly Morrell v. Mark Alsentzer (Fla. Dist. Ct. App. 2025)
Kimberly Morrell v. Mark Alsentzer (Fla. Dist. Ct. App. 2025)
Rachel Stevick Quires v. Copperstone Equestrian Center, LLC and Donna M. Dubois (Fla. Dist. Ct. App. 2025)
K.N. and D.N. v. DEPARTMENT OF CHILDREN & FAMILIES (Fla. Dist. Ct. App. 2023)
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006EFC2 vs KENNETH BELL, SR., AND ALENA BELL (Fla. Dist. Ct. App. 2023)
JOHELI CRUZ WHITE v. KEVIN LEE-YUK (Fla. Dist. Ct. App. 2022)
KWAKU ADJEI v. FIRST COMMUNITY INSURANCE COMPANY (Fla. Dist. Ct. App. 2022)
WILMINGTON SAVINGS FUND SOCIETY, FSB, etc v. CHARLES RICHARD STEVENS a/k/a CHARLES R. STEVENS (Fla. Dist. Ct. App. 2020)
DANIEL LEWIS and ROSANNA LEWIS v. US BANK NATIONAL ASSOC., ETC. (Fla. Dist. Ct. App. 2020)
LESLINE RUSSELL v. BAC HOME LOANS SVCNG L.P., ETC. (Fla. Dist. Ct. App. 2018)
JUSTIN FRIEDLE and SANDRA FRIEDLE v. THE BANK OF NEW YORK MELLON, etc. (Fla. Dist. Ct. App. 2017)
LESLINE RUSSELL v. BAC HOME LOANS SVCNG L.P., ETC. (Fla. Dist. Ct. App. 2017)
U.S. Bank National Ass'n v. Becker (Fla. Dist. Ct. App. 2017)
PennyMac Corp. v. Frost (Fla. Dist. Ct. App. 2017)
JPMorgan Chase Bank National Ass'n v. Pierre (Fla. Dist. Ct. App. 2017)
Nick Purificato and Denise L. Purificato a/k/a Denise Purificato v. Nationstar Mortgage, LLC (Fla. Dist. Ct. App. 2016)
Diego Cartwright v. LJL Mortgage Pool, LLC, Rachel Y. Young a/k/a Rachel Young a/k/a Rachael Young, Roderick Young, Jeniffer Young-Campbell and Amber Lake Homeowners' Association, Inc. (Fla. Dist. Ct. App. 2016)
Alicia Vogel and Howard Vogel v. Wells Fargo Bank, N.A. (Fla. Dist. Ct. App. 2016)
US Bank National Ass'n v. Laird (Fla. Dist. Ct. App. 2016)
St. Clair v. U.S. Bank National Association (Fla. Dist. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

STEVENSON, J.

Shawn Boyd appeals from a final judgment of foreclosure. Because Wells Fargo failed to prove it had standing at the time it filed its foreclosure complaint, we reverse.

Wells Fargo filed its foreclosure complaint in February of 2008. Attached to this complaint was a mortgage showing DCS Mortgage, Inc., as the lender. DCS Mortgage then assigned the mortgage to Option One. Nowhere in the record is *1129 there an indication that Option One assigned the mortgage to Wells Fargo.

A de novo standard of review applies when reviewing whether a party has standing to bring an action. Dixon v. Express Equity Lending Grp., LLLP, 125 So.3d 965, 967 (Fla. 4th DCA 2013) (citing Westport Recovery Corp. v. Midas, 954 So.2d 750, 752 (Fla. 4th DCA 2007)).

“‘The party seeking foreclosure must present evidence that it owns and holds the note and mortgage in question in order to proceed with a foreclosure action.’ ” Servedio v. U.S. Bank Nat’l Ass’n, 46 So.3d 1105, 1107 (Fla. 4th DCA 2010) (quoting Lizio v. McCullom, 36 So.3d 927, 929 (Fla. 4th DCA 2010)). To satisfy this burden, Wells Fargo was required to submit either “the note bearing a special endorsement in favor of the plaintiff, an assignment from payee to the plaintiff or an affidavit of ownership proving its status as holder of the note.” Rigby v. Wells Fargo Bank, N.A., 84 So.3d 1195, 1196 (Fla. 4th DCA 2012) (citing Servedio, 46 So.3d at 1107).

Here, Wells Fargo has provided no documentation which establishes that it had standing at the time it filed the foreclosure complaint. See Venture Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC, 75 So.3d 773, 776 (Fla. 4th DCA 2011) (“A party must have standing to file suit at its inception and may not remedy this defect by subsequently obtaining standing.”). Although Wells Fargo eventually did file an Allonge to Note bearing a special endorsement in favor of it, the Allonge itself contains no date. See Rigby, 84 So.3d at 1196 (“The Bank has not shown that it was holder of the note at the time the complaint was filed. The note containing a special endorsement in favor of Bank was not dated.”). Moreover, Wells Fargo was apparently never assigned the mortgage and the note. The only assignment in the record is from DCS to Option One. Finally, Wells Fargo did not submit “an affidavit of ownership proving its status as holder of the note.” Id. (citing Servedio, 46 So.3d at 1107).

Accordingly, we reverse the final judgment of foreclosure.

Reversed.

CIKLIN and FORST, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.