Partridge v. Nationstar Mortgage, LLC
224 So. 3d 839
| Fla. Dist. Ct. App. | 2017Background
- 2002: Ricardo Partridge executed a promissory note; Stella Seitz (his then-spouse) executed the mortgage securing that note.
- Bank of America (then-noteholder) sued to foreclose in 2011 and filed the original note and mortgage with the court; that action was dismissed in 2012.
- Nationstar began servicing the loan in 2013 and filed a new foreclosure action in 2014; it sought judicial notice and transfer of the originals previously filed with the clerk.
- At trial Nationstar introduced a servicer welcome letter, an assignment of the mortgage, a Bank of America letter confirming Nationstar as servicer, and a Nationstar payment history authenticated by a Nationstar records custodian.
- Ms. Seitz moved for involuntary dismissal at trial, arguing among other things that Nationstar lacked standing to foreclose and that the payment history was inadmissible. The trial court denied the motion and entered a final judgment of foreclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of payment history | Seitz: payment history inadmissible hearsay or not properly authenticated | Nationstar: witness familiar with business records authenticated document under business-records exception | Admitted: witness had sufficient knowledge; business-records exception applied |
| Standing to foreclose | Seitz: Nationstar lacks evidence it owns or holds the note | Nationstar: assignment of mortgage and clerk-held original note show its authority/possession; clerk acted as bailee for the note | Reversed: Nationstar failed to prove it held the note or was holder-in-possession; standing not established; involuntary dismissal directed |
Key Cases Cited
- Stone v. BankUnited, 115 So. 3d 411 (Fla. 2d DCA) (party seeking foreclosure must show it owns and holds the note and mortgage)
- Geweye v. Ventures Trust 2013-I-H-R, 189 So. 3d 231 (Fla. 2d DCA) (substitution/assignment of mortgage alone does not convey standing when no assignment/transfer of the note is shown)
- Focht v. Wells Fargo Bank, N.A., 124 So. 3d 308 (Fla. 2d DCA) (methods to establish standing include submission of endorsed note, assignment of note, or affidavit proving holder status)
- Cayea v. CitiMortgage, Inc., 138 So. 3d 1214 (Fla. 4th DCA) (authenticating witness to business records need only be sufficiently familiar with the records to testify)
- Creadon v. U.S. Bank N.A., 166 So. 3d 952 (Fla. 2d DCA) (discusses holder-in-possession requirement and proof necessary to establish standing)