Rosanna Guzman and Francisco Guzman v. Deutsche Bank National Trust Company
179 So. 3d 543
Fla. Dist. Ct. App.2015Background
- Appellants Rosanna and Francisco Guzman appeal a final foreclosure judgment in favor of Deutsche Bank National Trust Company.
- Deutsche Bank filed the foreclosure action after appellants defaulted on their mortgage with Grimaldi Capital Funding; Grimaldi originally held the loan.
- The initial complaint attached a note and mortgage but reflected no endorsements or assignment showing Deutsche Bank’s ownership.
- Deutsche Bank later filed an amended complaint alleging Grimaldi had executed an allonge with a special endorsement to IndyMac Bank, which allegedly endorsed the note in blank.
- The allonge and the blank-endorsed note attached to the amended complaint were undated; the trial record did not prove these endorsements predated the initial filing.
- The trial court accepted a relation-back theory, holding Deutsche Bank had standing based on documents attached to the amended complaint, and entered foreclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Deutsche Bank had standing to foreclose at filing. | Guzman: standing established by the amended complaint and relation back. | Guzman: no proof the endorsed documents existed at inception. | Standing not proven at inception; reversed. |
| Whether the endorsements predated the initial filing to confer standing. | Deutsche Bank possessed the endorsed documents before filing. | No evidence the endorsements were present when the initial complaint was filed. | No evidence endorsements predated filing; cannot establish standing. |
Key Cases Cited
- Vidal v. Liquidation Props., Inc., 104 So. 3d 1274 (Fla. 4th DCA 2013) (standing required at filing; pre-suit transfer essential)
- McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170 (Fla. 4th DCA 2012) (pre-filing ownership required for standing)
- Joseph v. BAC Home Loans Servicing, LP, 155 So. 3d 444 (Fla. 4th DCA 2015) (pre-suit assignment or endorsement necessary)
- LaFrance v. U.S. Bank Nat’l Ass’n, 141 So. 3d 754 (Fla. 4th DCA 2014) (standing cannot be established post-filing to cure defects)
- Wright v. Deutsche Bank Nat’l Trust Co., 152 So. 3d 1289 (Fla. 4th DCA 2015) (trust did not have standing when complaint filed)
- Progressive Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005) (relation back does not create retroactive standing)
- Seffar v. Residential Credit Solutions, Inc., 160 So. 3d 122 (Fla. 4th DCA 2015) (allonge sufficiency if endorsements appear on face of instrument)