Janos Farkas v. U.S. Bank, National Association
165 So. 3d 796
| Fla. Dist. Ct. App. | 2015Background
- Borrower challenged foreclosure by U.S. Bank as to standing.
- Note/mortgage originated with ComUnity Lending (California), later securitized into WMALT Trust.
- The complaint attached the loan documents; the note at trial included a blank endorsement not present in the complaint.
- WaMu serviced the loan for the Trust, then Chase acquired servicing rights in 2008.
- Acceleration letter gave 30 days to cure; borrower did not cure.
- An assignment of mortgage dated the day after suit was filed raised concerns about timing and ownership.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did plaintiff have standing to foreclose at filing? | Bank had standing via Trust ownership and WaMu/Chase servicing. | Bank proved standing only at trial, not at filing. | Bank lacked standing; reversed. |
| Does a post-filing assignment undermine standing? | Assignment after filing undermines proof of standing. | Evidence showed possession and servicing history supported standing. | Standing not proven at filing; reversal. |
Key Cases Cited
- Focht v. Wells Fargo Bank, N.A., 124 So. 3d 308 (Fla. 2d DCA 2013) (record failed to show bank possessed the note at filing)
- LaFrance v. U.S. Bank Nat’l Ass’n, 141 So. 3d 754 (Fla. 4th DCA 2014) (standing de novo review; must exist at inception)
- McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170 (Fla. 4th DCA 2012) (party must have standing to file suit at inception)
- Matthews v. Fed. Nat’l Mortg. Ass’n, 160 So.3d 131 (Fla. 4th DCA 2015) (standing cannot be cured after filing)
- Venture Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC, 75 So.3d 773 (Fla. 4th DCA 2011) (standing, cannot remedy defect after inception)