Gafoor Jaffer and Nina Jaffer v. Chase Home Finance, LLC
2015 Fla. App. LEXIS 184
| Fla. Dist. Ct. App. | 2015Background
- Foreclosure action by Chase against the Jaffers; amended complaint claims Chase holds/enforces Mortgage Note and Mortgage.
- Note attached to the complaint initially states the note payable to Aaxa Discount Mortgage, Inc. and contains no indorsements or allonges.
- Original note later filed with two undated indorsements (one to Chase Manhattan Mortgage Corporation and a blank in-dorsement).
- Default entered against the Jaffers for failure to answer or respond; summary judgment granted recognizing Chase’s entitlement.
- On remand, the court addressed whether the complaint stated a cause of action where the attached note did not indorse to Chase; contested standing issues.
- Court ultimately held the amended complaint stated a cause of action and that any standing defense was waived by the default.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the amended complaint state a cause of action despite the note copy’s lack of indorsements? | Chase contends it is entitled to enforce the note. | Jaffers argue the note copy negates Chase’s standing. | Yes; exhibits did not negate the action. |
| Was Chase’s standing defense waived by default? | Chase maintains standing is at issue. | Jaffers default waived any standing challenge. | Standing defense waived; cannot contest on appeal. |
| Do differences between the attached note and the original negate foreclosure? | Differences do not defeat entitlement to foreclose. | Discrepancies create genuine issue of material fact. | No genuine issue; filing original note sufficed for judgment. |
Key Cases Cited
- Health Applications Sys., Inc. v. Hartford, Life and Accident Ins. Co., 381 So.2d 294 (Fla. 1st DCA 1980) (exhibits may negate a complaint only if they actually negate the claim)
- Paladin Props. v. Family Inv. Enterprises, 952 So.2d 560 (Fla. 2d DCA 2007) (exhibits negate but require ultimate facts; not here)
- Beaulieu v. JPMorgan Chase Bank, Nat’l Assn., 80 So.3d 365 (Fla. 4th DCA 2012) (default does not cure pleading defects; original note filing not dispositive)