Christopher Green v. Ocwen Loan Servicing, LLC

192 So. 3d 1240, 2016 Fla. App. LEXIS 8227, 2016 WL 3064222

• Court: District Court of Appeal of Florida
• Decided: May 31, 2016
• Docket: 4D14-4643
• Status: Published

Opinion

ON CONFESSION OF ERROR

PER CURIAM.

Christopher Green appeals from a final judgment of mortgage foreclosure. He argues two issues on appeal, and the appel-lee, Ocwen Loan Servicing, LLC, concedes error with respect to one. Specifically, the appellee concedes that the triál court erred by entering final judgment when appellee failed to prove that the original plaintiff had standing to foreclose at the time the complaint was filed. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012). The appel-lee expressly denies the other argument made by appellant. We accept the appel-lee’s confession of error, vacate the final judgment, and remand with instructions to enter an order of involuntary dismissal based on the lack of standing. See Rodriguez v. Wells Fargo Bank, N.A., 178 So.3d 62, 64 (Fla. 4th DCA 2015).

Reversed and remanded.

STEVENSON, MAY and FORST, JJ., concur,