Florida District Courts of Appeal, 2016

Diroberto v. Bayview Loan Services LLC

Florida District Courts of Appeal · Decided September 7, 2016 · Gerber, Taylor, Warner

199 So. 3d 526; 2016 Fla. App. LEXIS 13454; 2016 WL 4699432 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

MARLYN TRACEY v. WELLS FARGO BANK N. A. (Fla. Dist. Ct. App. 2019)

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Opinion of the Court

PER CURIAM.

We reverse the final judgment of foreclosure and remand for entry of an involuntary dismissal. There was no proof at trial that the original plaintiff, JP Morgan Chase, had standing to foreclose when it filed the original complaint. See Snyder v. JP Morgan Chase Bank, Nat’l Ass’n., 169 *527So.3d 1270, 1271-74 (Fla. 4th DCA 2015) (holding that Chase failed to prove standing where it did not prove it had possession of the note when it filed suit, and rejecting the argument that Chase established its right to foreclose through the Purchase Agreement between the FDIC and Chase for the assets of WAMU). In light of this disposition, it is unnecessary to reach the other issues raised on appeal.

Reversed.

WARNER, TAYLOR and GERBER, JJ., concur.

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