182 So. 3d 821
Fla. Dist. Ct. App.2016Background
- Denise and Nick Purificato appealed a final foreclosure judgment in favor of Nationstar Mortgage, LLC, challenging Nationstar’s standing to foreclose.
- Aurora Loan Services (predecessor to Nationstar) attached a copy of the promissory note and an allonge to its amended complaint; the allonge contained a chain of undated endorsements ending in a blank endorsement.
- At trial Nationstar produced the original note and allonge and screenshots showing they were imaged together before Aurora filed the complaint.
- Purificatos argued the allonge was not sufficiently affixed to the note before filing, so the blank endorsement could not establish Nationstar as holder.
- The trial court denied the Purificatos’ motion for involuntary dismissal; the Fourth DCA reviewed the standing issue de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the allonge sufficiently affixed to the note to create a valid endorsement and confer standing? | Purificato: no — no proof the allonge was firmly affixed before filing, so endorsement invalid. | Nationstar: yes — allonge was part of the loan file, contained loan identifiers, and was imaged with the note before filing; language on the allonge stated it was affixed and permanent. | The allonge’s language, loan identifiers, and evidence it was imaged with the note established it was sufficiently affixed; Nationstar had standing. |
Key Cases Cited
- Deutsche Bank Nat’l Trust Co. v. Huber, 137 So. 3d 562 (Fla. 4th DCA 2014) (de novo review of involuntary dismissal and related standing principles)
- Boyd v. Wells Fargo Bank, N.A., 143 So. 3d 1128 (Fla. 4th DCA 2014) (standing to bring foreclosure reviewed de novo)
- Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932 (Fla. 4th DCA 2010) (possession of note with blank endorsement can establish standing)
- Focht v. Wells Fargo Bank, N.A., 124 So. 3d 308 (Fla. 2d DCA 2013) (blank endorsement possession supports standing)
- Booker v. Sarasota, Inc., 707 So. 2d 886 (Fla. 1st DCA 1998) (definition and role of an allonge)
- Adams v. Madison Realty & Dev., Inc., 853 F.2d 163 (3d Cir. 1988) (rationale for affixation requirement: prevent fraud and preserve chain of title)
- Wane v. Loan Corp., [citation="552 F. App'x 908"] (11th Cir. 2014) (an allonge’s own statements and loan-file context can show it was affixed)