Harvey v. Deutsche Bank National Trust Co., 2011 Fla. App. LEXIS 10194

Deutsche Bank filed a two-count foreclosure against Harvey on April 6, 2009, alleging default on a promissory note and mortgage.
The note, payable to AHMAI and indorsed in blank, was secured by a mortgage with MERS as nominal mortgagee; Deutsche filed a copy of the note and mortgage with the complaint.
Harvey answered pro se; the record on appeal does not include her answer.
Deutsche moved for summary judgment on September 17, 2009, and filed a lost-note affidavit on September 30, 2009; a hearing was held October 12, 2009 but the court refused to rule without the lost-note affidavit.
A January 11, 2010 hearing established the original note in the file, indorsed in blank, and the court granted summary judgment for Deutsche; final judgment entered January 14, 2010; Harvey sought reconsideration, which the court denied before a February 8, 2010 hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to foreclose based on note holder	Harvey	Deutsche	Deutsche had standing to enforce the note as holder in blank indorsement
Effect of post-complaint assignment of mortgage	Harvey	Deutsche	Standing established by note holder regardless of post-complaint mortgage assignment
Adequacy of evidence for summary judgment	Harvey	Deutsche	Record supported summary judgment; no genuine issue of material fact about holder status
Denial of motion for reconsideration without a hearing	Harvey	Deutsche	Properly denied without a hearing under Aubourg; no due process violation

Riggs v. Aurora Loan Servs., LLC, 36 So.3d 932 (Fla. 4th DCA 2010) (holder of the note, indorsed in blank, entitled to enforce)
Aubourg v. Erazo, 922 So.2d 1106 (Fla. 4th DCA 2006) (due process does not require a hearing to deny a motion for new trial)
WM Specialty Mortg., LLC v. Salomon, 874 So.2d 680 (Fla. 4th DCA 2004) (mortgage follows debt; assignment of note secures mortgage)