Walters v. Nationstar Mortgage, LLC

District Court of Appeal of Florida

Walters v. Nationstar Mortgage, LLC

180 So. 3d 236, 2015 Fla. App. LEXIS 18955, 2015 WL 9239763

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 2015

DocketNo. 5D14-2810

StatusPublished

Cited by2 cases

This text of 180 So. 3d 236 (Walters v. Nationstar Mortgage, 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.

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Walters v. Nationstar Mortgage, LLC, 180 So. 3d 236, 2015 Fla. App. LEXIS 18955, 2015 WL 9239763 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Sylvia Walters appeals a final judgment of foreclosure entered in favor of Nationstar Mortgage, LLC (“Nationstar”). She argues that Nationstar failed to establish that Aurora, Nationstar’s predecessor in interest, had standing to bring the foreclosure action. We agree and reverse the judgment under review. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173-74 (Fla. 4th DCA 2012) (holding that “a party’s standing is determined at the time the lawsuit was filed” and that “[wjhere the plaintiff contends that its standing to foreclose derives from an endorsement of the note, the plaintiff must show that the endorsement occurred prior to the inception of the lawsuit.” (citing Progressive Exp. Ins. Co. v. McGrath Cmty. Chiropractic, 913 So.2d 1281, 1286 (Fla. 2d DCA 2005))). Accordingly, we reverse the judgment under review and remand this case to the trial court to enter an order of involuntary dismissal of the action. See Schmidt v. Deutsche Bank, 170 So.3d 938, 942 (Fla. 5th DCA 2015) (“Because Bank failed to establish standing at the time of filing of the complaint, we reverse and remand for entry of a final order of involuntary dismissal of the action.”).

REVERSED and REMANDED with directions.

SAWAYA and ORFINGER, JJ., and TYNAN, G.A., Associate Judge, concur.

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PER CURIAM.

Sylvia Walters appeals a final judgment of foreclosure entered in favor of Nationstar Mortgage, LLC (“Nationstar”). She argues that Nationstar failed to establish that Aurora, Nationstar’s predecessor in interest, had standing to bring the foreclosure action. We agree and reverse the judgment under review. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173-74 (Fla. 4th DCA 2012) (holding that “a party’s standing is determined at the time the lawsuit was filed” and that “[wjhere the plaintiff contends that its standing to foreclose derives from an endorsement of the note, the plaintiff must show that the endorsement occurred prior to the inception of the lawsuit.” (citing Progressive Exp. Ins. Co. v. McGrath Cmty. Chiropractic, 913 So.2d 1281, 1286 (Fla. 2d DCA 2005))). Accordingly, we reverse the judgment under review and remand this case to the trial court to enter an order of involuntary dismissal of the action. See Schmidt v. Deutsche Bank, 170 So.3d 938, 942 (Fla. 5th DCA 2015) (“Because Bank failed to establish standing at the time of filing of the complaint, we reverse and remand for entry of a final order of involuntary dismissal of the action.”).

REVERSED and REMANDED with directions.

SAWAYA and ORFINGER, JJ., and TYNAN, G.A., Associate Judge, concur.

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180 So. 3d 236, 2015 Fla. App. LEXIS 18955, 2015 WL 9239763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-nationstar-mortgage-llc-fladistctapp-2015.

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