Hall v. Reo Asset Acquisitions, LLC

District Court of Appeal of Florida

Hall v. Reo Asset Acquisitions, LLC

84 So. 3d 388, 2012 WL 932925, 2012 Fla. App. LEXIS 4467

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 2012

DocketNo. 4D10-2739

StatusPublished

Cited by3 cases

This text of 84 So. 3d 388 (Hall v. Reo Asset Acquisitions, LLC) 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.

Bluebook

Hall v. Reo Asset Acquisitions, LLC, 84 So. 3d 388, 2012 WL 932925, 2012 Fla. App. LEXIS 4467 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Based on McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170 (Fla. 4th DCA 2012), we reverse the final summary judgment of foreclosure. There is a material issue of fact as to appellee’s standing to foreclose. While the note introduced had a blank endorsement and was sufficient to prove ownership by appellee, who possessed the note, nothing in the record shows that the note was acquired prior to the filing of the complaint. The endorsement did not contain a date, nor did the affidavit filed in support of the motion for summary judgment contain any sworn statement that the note was owned by the plaintiff on the date that the complaint was filed. Therefore, appellee “failed to submit any record evidence proving that it had the right to enforce the note on the date the complaint was filed.” Id. at D336. Summary judgment was improperly entered where this question of fact remained.

Reversed and remanded for vacation of judgment and further proceedings.

WARNER, DAMOORGIAN and CONNER, JJ., concur.

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PER CURIAM.

Based on McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170 (Fla. 4th DCA 2012), we reverse the final summary judgment of foreclosure. There is a material issue of fact as to appellee’s standing to foreclose. While the note introduced had a blank endorsement and was sufficient to prove ownership by appellee, who possessed the note, nothing in the record shows that the note was acquired prior to the filing of the complaint. The endorsement did not contain a date, nor did the affidavit filed in support of the motion for summary judgment contain any sworn statement that the note was owned by the plaintiff on the date that the complaint was filed. Therefore, appellee “failed to submit any record evidence proving that it had the right to enforce the note on the date the complaint was filed.” Id. at D336. Summary judgment was improperly entered where this question of fact remained.

Reversed and remanded for vacation of judgment and further proceedings.

WARNER, DAMOORGIAN and CONNER, JJ., concur.

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Bluebook (online)

84 So. 3d 388, 2012 WL 932925, 2012 Fla. App. LEXIS 4467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-reo-asset-acquisitions-llc-fladistctapp-2012.

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