235 So. 3d 943
Fla. Dist. Ct. App.2017Background
- Bank filed foreclosure complaint in Sep. 2009; sought to reestablish lost note and foreclose on Shaffer's mortgage.
- May 2009 assignment of mortgage to Deutsche Bank from MERS was produced; original note later admitted.
- Note dated Sept. 21, 2005 payable to AHMAI with blank indorsement; LPOA from Jul. 2009 authorized AHMSI to act for Bank.
- Ocwen, as servicer, testified that note was transferred into the trust on Mar. 29, 2006, but no clear basis for transfer or trust composition.
- No evidence showing what interest AHMAI conveyed to Bank or when blank indorsement was placed; PSA not properly admitted.
- Trial court reversal and remand for involuntary dismissal due to lack of standing; PSA not admissible evidence; concurrence notes suggested reforms to foreclosure process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Deutsche Bank had standing to foreclose | Bank had transferred note into trust; standing shown by assignment and LPOA | No admissible evidence of proper transfer or trust interest; standing not proven | Bank lacked standing; reversed and remanded for involuntary dismissal |
| Admissibility of PSA and LPOA as evidence | PSA shows trust duties and supports standing | PSA unauthenticated and not admissible; LPOA misinterpreted; no proper foundation | PSA and LPOA not properly before court; could not establish standing |
Key Cases Cited
- Balch v. LaSalle Bank N.A., 171 So.3d 207 (Fla. 4th DCA 2015) (standing requires more than mere transfer of note into trust)
- Jarvis v. Deutsche Bank Nat’l Tr. Co., 169 So.3d 194 (Fla. 4th DCA 2015) (pre-foreclosure transfer alone insufficient to prove standing)
- BAC Funding Consortium Inc. v. Jean-Jacques, 28 So.3d 936 (Fla. 2d DCA 2010) (unauthenticated documents attached to motions not evidence)
- Ciolli v. City of Palm Bay, 59 So.3d 295 (Fla. 5th DCA 2011) (unauthenticated attached documents not competent evidence)
- Tunnell v. Hicks, 574 So.2d 264 (Fla. 1st DCA 1991) (unauthenticated letters not properly before court)
- Emergency Assocs. of Tampa, P.A. v. Sassano, 664 So.2d 1000 (Fla. 2d DCA 1995) (equal footing in interpreting documents at issue)
- Fla. Power Corp. v. Lynn, 594 So.2d 789 (Fla. 2d DCA 1992) (interpretation of written documents is a question of law)