Gregory Fischer v. U.S. Bank National Association

District Court of Appeal of Florida

Gregory Fischer v. U.S. Bank National Association

152 So. 3d 1289, 2015 Fla. App. LEXIS 145, 2015 WL 71757

CourtDistrict Court of Appeal of Florida

DecidedJanuary 7, 2015

Docket4D13-3798

StatusPublished

This text of 152 So. 3d 1289 (Gregory Fischer v. U.S. Bank National Association) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gregory Fischer v. U.S. Bank National Association, 152 So. 3d 1289, 2015 Fla. App. LEXIS 145, 2015 WL 71757 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

U.S. Bank National Association filed its foreclosure complaint against appellant on March 23, 2009. Appellant’s answer and affirmative defenses raised, among other things, the issue of standing. At the 2013 trial, the Bank’s witness could not say what entity owned or held the note and mortgage in March 2009. Although the Bank proved that it acquired the note at some time, it did not prove at trial that it had standing at the time the complaint was filed. See Bristol v. Wells Fargo, Nat’l Ass’n, 137 So.3d 1130, 1132 (Fla. 4th DCA 2014); McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012). We therefore reverse the final judgment of foreclosure and remand for the entry of a final judgment for appellant, the defendant below.

DAMOORGIAN, C.J., GROSS and MAY, JJ., concur.

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PER CURIAM.

U.S. Bank National Association filed its foreclosure complaint against appellant on March 23, 2009. Appellant’s answer and affirmative defenses raised, among other things, the issue of standing. At the 2013 trial, the Bank’s witness could not say what entity owned or held the note and mortgage in March 2009. Although the Bank proved that it acquired the note at some time, it did not prove at trial that it had standing at the time the complaint was filed. See Bristol v. Wells Fargo, Nat’l Ass’n, 137 So.3d 1130, 1132 (Fla. 4th DCA 2014); McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012). We therefore reverse the final judgment of foreclosure and remand for the entry of a final judgment for appellant, the defendant below.

DAMOORGIAN, C.J., GROSS and MAY, JJ., concur.

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152 So. 3d 1289, 2015 Fla. App. LEXIS 145, 2015 WL 71757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-fischer-v-us-bank-national-association-fladistctapp-2015.

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