Green v. JPMorgan Chase Bank, N.A., 109 So. 3d 1285

Green appealed final foreclosure judgment in favor of Bank and challenged denial of his motion to add a RESPA counterclaim.
Bank moved for summary judgment; trial court granted judgment and denied amendment, prompting appeal.
Counterclaim alleged RESPA violation for failure to notify of new servicer within 30 days of servicing transfer.
Bank relied on a blank-indexed note, payment history, and communications to show standing; Green contested authenticity and timing.
Court found Bank’s evidence insufficient to prove standing and that the RESPA counterclaim could not be dismissed as futile.
This Court reversed and remanded for further proceedings consistent with proper standing analysis and potential amendment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of leave to amend was an abuse of discretion	Green	Green	Abuse of discretion; remand for amendment feasibility
Whether Bank had standing to foreclose as of filing	Green	Bank	Summary judgment improper; standing not established

Cedar Mountain Estates, LLC v. Loan One, LLC, 4 So.3d 15 (Fla. 5th DCA 2009) (abuse of discretion standard for amendment; liberal policy to amend)
Crown v. Chase Home Fin., 41 So.3d 978 (Fla. 5th DCA 2010) (liberal amendment policy if failure to amend prevents merits disposition)
Sonny Boy, L.L.C. v. Asnani, 879 So.2d 25 (Fla. 5th DCA 2004) (leave to amend abused unless prejudice or futility shown)
Gonzalez v. Deutsche Bank Nat’l Trust Co., 95 So.3d 251 (Fla. 2d DCA 2012) (standing requires right to enforce note at time of suit)
Major League Baseball v. Morsani, 790 So.2d 1071 (Fla.2001) (de novo standard for reviewing summary judgment orders)
Venture Holdings & Acquisitions Group, LLC v. A.I.M. Funding Group, LLC, 75 So.3d 773 (Fla. 4th DCA 2011) (standing and enforceability considerations in foreclosure context)
Ciolli v. City of Palm Bay, 59 So.3d 295 (Fla. 5th DCA 2011) (unauthenticated documents cannot support summary judgment)