Nationstar Mortgage, LLC v. Bo Chan
226 So. 3d 330
| Fla. Dist. Ct. App. | 2017Background
- Bank of America filed a one-count foreclosure complaint against Bo Chan and her husband, attaching a copy of the promissory note (with a blank indorsement) and the mortgage.
- Bank of America later filed the original note (with the same blank indorsement) and a certified copy of the mortgage with the clerk of court before trial.
- Bank of America moved to substitute Nationstar Mortgage, LLC as plaintiff, alleging assignment of the note and mortgage; the motion was granted without objection.
- At trial Nationstar introduced the original note and certified mortgage (previously filed), a demand letter, and payment history; after Nationstar rested, Chan moved for involuntary dismissal.
- The trial court granted dismissal, reasoning that Nationstar failed to establish standing at the time suit was filed; Nationstar appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substituted plaintiff (Nationstar) had standing to foreclose | Nationstar asserts it stands in the shoes of original plaintiff and thus has standing | Chan argues Nationstar lacked standing at the time the original complaint was filed | Reversed: substituted plaintiff acquires any standing the original plaintiff had at filing; Nationstar established standing |
| Whether original plaintiff’s filing of the original note with a blank indorsement established standing at inception | Bank of America contends filing the original note (blank indorsement) with the court plus complaint copy sufficed to show standing | Chan contended the evidence did not prove standing at suit inception | Court held filing the original note in same condition as complaint was sufficient to establish original plaintiff’s standing absent contrary evidence |
Key Cases Cited
- U.S. Bank Nat’l Ass’n v. Laird, 200 So. 3d 176 (Fla. 5th DCA 2016) (standard of review and burden to show standing at filing)
- Boyd v. Wells Fargo Bank, N.A., 143 So. 3d 1128 (Fla. 4th DCA 2014) (party seeking foreclosure must establish standing when complaint filed)
- Sandefur v. RVS Capital, LLC, 183 So. 3d 1258 (Fla. 4th DCA 2016) (substitute plaintiff "stands in the shoes" of original plaintiff)
- Miller v. Kondaur Capital Corp., 91 So. 3d 218 (Fla. 4th DCA 2012) (substituted plaintiff acquires original plaintiff’s standing)
- Lewis v. J.P. Morgan Chase Bank, 138 So. 3d 1212 (Fla. 4th DCA 2014) (same principle for substituted plaintiffs)
- Ortiz v. PNC Bank, Nat’l Ass’n, 188 So. 3d 923 (Fla. 4th DCA 2016) (original plaintiff’s proof can establish standing for successor)
- Clay Cty. Land Trust No. 08-04-25-0078-014-27 v. JPMorgan Chase Bank, Nat’l Ass’n, 152 So. 3d 83 (Fla. 1st DCA 2014) (standing established by documents filed by original plaintiff)