Background

• GMAC filed a July 2007 foreclosure complaint claiming ownership of the note and mortgage by assignment to be recorded; the complaint did not attach the note.
• GMAC filed the original note and mortgage in February 2009; the note contained a blank endorsement from GreenPoint; an assignment from MERS to GMAC dated August 6, 2008 was also admitted.
• At bench trial in September 2013, GMAC introduced the original note and business records and a witness from Ocwen testified to ownership.
• The property owners argued GMAC lacked standing because it did not prove possession of the note at the time the 2007 complaint was filed, and the assignment’s dates suggested ownership developed after filing.
• The court held standing must be proven as of filing; it reversed the judgment and remanded for dismissal under Florida Rule of Civil Procedure 1.420(b) due to GMAC’s lack of standing.

Issues

Key Cases Cited

• Focht v. Wells Fargo Bank, N.A., 124 So. 3d 308 (Fla. 2d DCA 2013) (standing proven by note with blank endorsement or proper evidence at filing time)
• May v. PHH Mortg. Corp., 150 So. 3d 247 (Fla. 2d DCA 2014) (bank must show possession of original note with blank endorsement at filing)
• Stone v. BankUnited, 115 So. 3d 411 (Fla. 2d DCA 2013) (standing supported by when possession occurred, even if endorsed later)
• Dufour v. State, 69 So. 3d 235 (Fla. 2011) (court may take judicial notice but contents must be admissible evidence)
• Country Place Cmty. Ass'n v. J.P. Morgan Mortg. Acq. Corp., 51 So. 3d 1176 (Fla. 2d DCA 2010) (standing must be shown as of filing)