Kyser v. Bank of America, N.A.
186 So. 3d 58
| Fla. Dist. Ct. App. | 2016Background
- Appellant Kyser challenged a foreclosure judgment in favor of Bank of America, N.A. on standing grounds.
- Bank of America attached a note to the foreclosure complaint without endorsements initially.
- Bank of America later filed what it claimed to be the original mortgage and note, with a witness noting a blank endorsement on the note.
- Prior decisions require standing to appear at filing and at final judgment, with endorsements or proof of holder status before filing.
- The court concluded the bank failed to prove standing due to lack of pre-filing endorsement or proper note ownership evidence, despite subsequent filings.
- Final judgment for foreclosure was reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to foreclose at filing | Kyser argues BOA lacked standing at filing. | Bank contends it possessed the note and mortgage and thus had standing. | BOA lacked standing at filing; judgment reversed. |
| Effect of undated blank endorsement | Undated blank endorsement proves standing if pre-filing. | Undated endorsement is insufficient without pre-filing proof. | Undated blank endorsement alone insufficient; pre-filing endorsement required. |
| Assignment of mortgage vs note | Assignment of mortgage might prove standing. | Assignment that only transfers mortgage, not the note, does not prove standing. | Assignment reflecting only mortgage does not prove standing. |
| Credit to testimony on possession | Plaintiff possessed the original note and mortgage. | Possession alone without proper endorsement timing is insufficient. | Possession plus proper endorsement before filing required; testimony insufficient. |
Key Cases Cited
- Kelly v. Bank of N.Y. Mellon, 170 So.3d 145 (Fla. 1st DCA 2015) (undated blank endorsement insufficient to prove standing at filing)
- Tilus v, AS Michai LLC, 161 So.3d 1284 (Fla. 4th DCA 2015) (assignment of mortgage alone does not prove standing)
- Lamb v. Nationstar Mortg., LLC, 174 So.3d 1031 (Fla. 4th DCA 2015) (assignment of mortgage not sufficient to prove note ownership)
- Bristol v. Wells Fargo Bank, Nat’l Ass’n, 137 So.3d 1130 (Fla. 4th DCA 2014) (note filed after complaint with undated endorsement insufficient)
- Lindsey v. Wells Fargo Bank, N.A., 139 So.3d 903 (Fla. 1st DCA 2013) (original note not properly endorsed or assigned to appellee)
- Sosa v. U.S. Bank Nat’l Ass’n, 153 So.3d 950 (Fla. 4th DCA 2014) (standing not established when endorsements were filed after suit)
- Peuguero v. Bank of Am., N.A., 169 So.3d 1198 (Fla. 4th DCA 2015) (endorsements before filing supported standing)
- Seidler v. Wells Fargo Bank, N.A., 179 So.3d 416 (Fla. 1st DCA 2015) (dated blank endorsement evidence of earlier payee status)