Deutsche Bank National Trust Co. v. Huber
137 So. 3d 562
Fla. Dist. Ct. App.2014Background
- Deutsche Bank filed a mortgage foreclosure action against Robin and Thomas Huber.
- At trial Deutsche Bank presented the original promissory note to a witness but only moved a copy of the note into evidence.
- No record evidence showed the original note was surrendered to the court or clerk before the final judgment.
- The Hubers moved for involuntary dismissal under Fla. R. Civ. P. 1.420(b); the trial court granted the motion and entered final judgment for dismissal.
- The trial court also found the loan servicing agent, American Home Mortgage Servicing, Inc., lacked standing to bring the action on Deutsche Bank’s behalf.
- The appellate court affirmed dismissal based on failure to surrender the original note, but remanded to strike the portions of the judgment adjudicating the non-party servicer’s standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether presenting the original note to a witness but admitting only a copy suffices to enforce the note | Deutsche Bank: original was presented at trial and later surrendered to the clerk in a package; court should infer surrender or otherwise treat the proof as sufficient | Hubers: original must be produced or satisfactorily explained; copy alone is insufficient and no record shows surrender | Affirmed dismissal — plaintiff failed to show the original note was surrendered or explain its absence, so judgment must not issue on copy alone |
| Whether the trial court properly adjudicated the servicing agent’s standing | Deutsche Bank: servicing agent merely verified the complaint; Deutsche Bank filed suit on its own behalf | Hubers: servicing agent lacked standing and was the party behind the suit | Reverse that portion — court erred in deciding a non-party servicer’s standing; remand to strike those findings |
Key Cases Cited
- Clarke v. Deutsche Bank Nat’l Trust Co., 87 So.3d 58 (Fla. 4th DCA 2012) (possession/surrender of original note is significant to enforceability)
- Riggs v. Aurora Loan Servs., LLC, 36 So.3d 932 (Fla. 4th DCA 2010) (original note possession relevant to standing to foreclose)
- Downing v. First Nat’l Bank of Lake City, 81 So.2d 486 (Fla. 1955) (original negotiable instrument must be surrendered to court before final judgment)
- Johnston v. Hudlett, 32 So.3d 700 (Fla. 4th DCA 2010) (discussing requirement to produce or explain absence of original note)
- U.S. Bank, N.A. v. Wanio-Moore, 111 So.3d 941 (Fla. 5th DCA 2013) (loan servicing agent may properly verify a foreclosure complaint)
- Elston/Leetsdale, LLC v. CWCapital Asset Mgmt. LLC, 87 So.3d 14 (Fla. 4th DCA 2012) (addressing when non-filing entities are implicated in foreclosure suits)
- Rustom v. Sparling, 685 So.2d 90 (Fla. 4th DCA 1997) (trial court may not adjudicate rights of a non-party)