Fiorito v. JP Morgan Chase Bank, National Ass'n
174 So. 3d 519
| Fla. Dist. Ct. App. | 2015Background
- Tamra Fiorito executed a mortgage and promissory note in June 2006 naming Washington Mutual Bank (WAMU) as lender.
- JP Morgan Chase Bank (Chase) filed a foreclosure complaint on October 28, 2008, attaching a copy of the note without endorsements.
- Chase later filed the original note at trial, which contained an undated, blank endorsement by WAMU.
- Chase’s sole witness, a home loan research officer, testified Chase merged with/took over WAMU on September 25, 2008, but could not say when the endorsement was made or that Chase owned the note before the complaint was filed.
- The trial court entered a final judgment of foreclosure for Chase after a bench trial; Fiorito appealed, arguing Chase lacked standing when it filed suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff had standing to foreclose when suit was filed | Chase argued it owned/enforced the note by virtue of acquiring WAMU (merger) and by presenting the endorsed original note | Fiorito argued Chase failed to show the endorsement or transfer occurred before the complaint was filed | Reversed: Chase failed to prove it was owner/holder when suit began; involuntary dismissal required |
Key Cases Cited
- McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170 (Fla. 4th DCA 2012) (plaintiff must show standing to foreclose at time suit was filed; endorsed note must predate suit)
- Saver v. JP Morgan Chase Bank, 114 So. 3d 352 (Fla. 4th DCA 2013) (standing may be shown by endorsement, assignment, or affidavit of ownership)
- Stone v. BankUnited, 115 So. 3d 411 (Fla. 2d DCA 2013) (bank employee testimony that plaintiff acquired prior bank’s assets can establish standing at bench trial)
- Am. Home Mortg. Servicing, Inc. v. Bednarek, 132 So. 3d 1222 (Fla. 2d DCA 2014) (employee testimony may suffice to establish ownership/standing at time suit was filed)