Shawn Boyd v. Wells Fargo Bank
143 So. 3d 1128
| Fla. Dist. Ct. App. | 2014Background
- Shawn Boyd appeals a final foreclosure judgment entered in the Fifteenth Judicial Circuit, Palm Beach County.
- Wells Fargo filed a foreclosure complaint in February 2008, attaching a mortgage showing DCS Mortgage, Inc. as lender.
- DCS Mortgage later assigned the mortgage to Option One; there is no indication in the record that Option One assigned to Wells Fargo.
- The record contains an Allonge with a special endorsement to Wells Fargo, but it is not dated.
- Wells Fargo did not submit an affidavit of ownership proving its status as holder of the note and mortgage at the time of filing.
- The court applied a de novo standard to determine standing to sue and reversed the foreclosure judgment due to lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Wells Fargo have standing to sue at inception? | Wells Fargo was holder of the note and mortgage via endorsements/assignments. | No proof of standing at filing; no valid assignment to Wells Fargo. | No standing; reverse foreclosure. |
| Is an assignment or proof of ownership required to support foreclosure standing? | Endorsements/Allonge sufficient to prove ownership at filing. | No dated allonge, no mortgage assignment to Wells Fargo, no affidavit of ownership. | Proof of ownership missing; reversal required. |
| Can subsequent acquisition of standing cure standing defects going to the filing? | Post-filing acquisition could cure standing issues. | A party must have standing at inception; cannot remedy defect by later acquisition. | Cannot cure; reversal required. |
Key Cases Cited
- Rigby v. Wells Fargo Bank, N.A., 84 So. 3d 1195 (Fla. 4th DCA 2012) (note with undated endorsement cannot prove standing at filing)
- Servedio v. U.S. Bank Nat’l Ass’n, 46 So. 3d 1105 (Fla. 4th DCA 2010) (burden to show ownership of note and mortgage)
- Lizio v. McCullom, 36 So. 3d 927 (Fla. 4th DCA 2010) (requiring proof of ownership to foreclose)
- Dixon v. Express Equity Lending Grp., LLLP, 125 So. 3d 965 (Fla. 4th DCA 2013) (standing at inception; cannot be remedied later)
- Venture Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC, 75 So. 3d 773 (Fla. 4th DCA 2011) (standing must exist at filing; cannot wait to obtain standing)
- Westport Recovery Corp. v. Midas, 954 So. 2d 750 (Fla. 4th DCA 2007) (reaffirming requirement of standing at filing)