Rigby v. Wells Fargo Bank, N.A.
84 So. 3d 1195
| Fla. Dist. Ct. App. | 2012Background
- Bank filed foreclosure complaint May 21, 2008; mortgage named Option One as lender; assignment from Option One to Bank dated May 22, 2008; undated original note with a special endorsement in favor of Bank; discovery ensued and Rigbys did not respond to admission about transfer; Bank sought summary judgment with affidavit claiming ownership; record shows no evidence Bank was holder at filing; note and assignment indicate transfer after filing; no equitable transfer shown prior to complaint; trial court granted summary judgment which this court reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to foreclose</br>foreclosure defendant's status | Rigbys lacked standing to contest transfer | Rigbys failed to show Bank lacked standing | Standing required; reversal of summary judgment |
Key Cases Cited
- McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012) (bank must prove standing at filing with endorsed note/assignment/ownership)
- Servedio v. U.S. Bank Nat'l Ass'n, 46 So. 3d 1105 (Fla. 4th DCA 2010) (proof of status as holder required)
- Venture Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC, 75 So. 3d 773 (Fla. 4th DCA 2011) (standing cannot be cured after filing)
- Frost v. Regions Bank, 15 So. 3d 905 (Fla. 4th DCA 2009) (summary judgment standard review de novo)