Ventures Trust 2013-I-H-R Ex Rel. JPMorgan Chase Bank, National Ass'n v. Asset Acquisitions & Holdings Trust, 202 So. 3d 939

WAMU filed a foreclosure complaint in 2007 against Richard Woodard for a 2006 note and mortgage; a lis pendens was recorded and Woodard was later defaulted in the case.
Woodard surrendered the property in a 2008 bankruptcy; Asset Acquisitions and Holdings Trust (Asset Trust) purchased the property at the trustee sale in July 2013.
WAMU went into FDIC receivership; JPMorgan acquired WAMU's interest and was substituted as plaintiff in 2013; later Ventures Trust was named as plaintiff in an amended complaint and produced the original note indorsed in blank at trial.
Asset Trust moved to intervene in the foreclosure proceeding after purchasing the property; at trial it argued a new defense: that the foreclosing plaintiff needed to prove standing of a substituted plaintiff (JPMorgan) at the time of substitution.
Ventures Trust presented evidence of standing at trial; Asset Trust had never pleaded lack of standing and Woodard had been defaulted (no active defendant pleading raising standing).
The circuit court accepted Asset Trust’s argument and granted an involuntary dismissal; the Second District reversed, holding (1) an intervenor cannot inject an unpled defense and (2) standing need only be proven as of complaint filing (original plaintiff) and at time of trial (current plaintiff).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an intervenor may raise a defense not pleaded by any defendant	Ventures Trust: no — lack of standing is an affirmative defense that must be pled by a defendant and is waived if not raised	Asset Trust: intervenor may contest standing of substituted plaintiff and require proof of standing at substitution	Intervenor cannot inject a new, unpled defense; Asset Trust could not raise waived defense after intervening
Temporal points for standing in foreclosure	Ventures Trust: plaintiff must show original plaintiff had standing when complaint filed and current plaintiff has standing at trial	Asset Trust: plaintiff must also prove standing of substituted plaintiff at time of substitution	Court: plaintiff must prove original plaintiff had standing when complaint filed and holder/plaintiff has standing at time of trial; no separate requirement for substituted plaintiff at substitution

Deutsche Bank Nat'l Tr. Co. v. Kummer, 195 So. 3d 1173 (2d DCA 2016) (standard of review for involuntary dismissal in nonjury trial)
Allard v. Al–Nayem Int'l, Inc., 59 So. 3d 198 (2d DCA 2011) (standards cited for de novo review)
In re Estate of Sterile, 902 So. 2d 915 (2d DCA 2005) (review of nonjury trial determinations)
Corrigan v. Bank of Am., N.A., 189 So. 3d 187 (2d DCA 2016) (standing must be shown at complaint filing and at trial)
Russell v. Aurora Loan Servs., LLC, 163 So. 3d 639 (2d DCA 2015) (same principle on holder standing)
Assil v. Aurora Loan Servs., LLC, 171 So. 3d 226 (4th DCA 2015) (substituted plaintiff acquires original plaintiff's standing)
Market Tampa Invs., LLC v. Stobaugh, 177 So. 3d 31 (2d DCA 2015) (purchaser post-lis pendens generally not entitled to intervene)
Dage v. Deutsche Bank Nat'l Tr. Co., 95 So. 3d 1021 (2d DCA 2012) (lack of standing is affirmative defense and is generally waived if not pled)
Phadael v. Deutsche Bank Tr. Co. Ams., 83 So. 3d 893 (4th DCA 2012) (defaults limit defenses a party may later raise)
Envtl. Confed'n of Sw. Fla., Inc. v. IMC Phosphates, Inc., 857 So. 2d 207 (1st DCA 2003) (intervenor may not inject new issues)
Coast Cities Coaches, Inc. v. Dade County, 178 So. 2d 703 (Fla. 1965) (intervenor takes suit as found)
Omni Nat'l Bank v. Ga. Banking Co., 951 So. 2d 1006 (3d DCA 2007) (intervenor must accept record and pleadings as they exist)