Following a non-jury trial, Adiel Gorel and FLCA Tropical Holdings, LLC, appeal the trial court’s final judgment of foreclosure in favor of The Bank of New York Mellon, as successor trustee under Novas-tar Mortgage Funding Trust, Series 2005-2 (“Bank”). On appeal, Mr. Gorel and FLCA contend that Bank lacked standing to bring the foreclosure action and failed to comply with the conditions precedent to foreclosure. We agree that Bank failed to prove standing and reverse.
Mr. Gorel executed a promissory note, promising to pay $176,168 plus interest to Novastar Mortgage, Inc. At the same time, he also executed a mortgage securing the note. Both the note and the mortgage identified the lender as Novastar.
At trial, the court admitted the original note and mortgage, the default letter sent to Mr. Gorel, and Mr. Gorel’s payment history into evidence. The original note offered by Bank, unlike the copy attached to the complaint, contained an undated special indorsement from Novastar, not to Bank, but to “JP Morgan Chase Bank, National Association, as Trustee for No-vastar Home Equity Loan Asset Backed Certificates, Series 2005-2-.” After reserving ruling on Mr. Gorel’s motion for involuntary dismissal, the trial court entered a final judgment of foreclosure in favor of Bank. This appeal follows.
“A crucial element in any mortgage foreclosure proceeding is that the party seeking foreclosure must demonstrate that it has standing to foreclose.” McLean v. JP Morgan Chase Bank Nat'l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA
“A trial court’s decision as to whether a party has satisfied the standing requirement is reviewed de novo.” Sosa v. Safeway Premium Fin. Co., 73 So.3d 91, 116 (Fla.2011). Here, the trial court erred in finding that Bank had standing to foreclose. To prove standing, Bank attached an assignment of mortgage to its complaint, showing an assignment from MERS to Bank. Although the assignment was dated prior to the initiation of the foreclosure action, it was never admitted into evidence at trial or discussed by Bank’s only witness. At trial, Bank’s witness testified in conclusory fashion that Bank was entitled to enforce the note. However, that testimony failed to establish when Bank took possession of the note or that it acquired the note prior to the commencement of the foreclosure action. Further, no testimony or other evidence explained why the note attached to the complaint had no indorse-ments, while the original note offered into evidence contained an undated indorsement to Chase, but not to Bank.
Section 673.2051(1), Florida Statutes (2013), provides that
[i]f an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a “special indorsement.” When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the in-dorsement of that person.
Under section 673.2051(1), the special indorsement established that Chase had standing to bring the foreclosure action. See Dixon v. Express Equity Lending Grp., LLLP, 125 So.3d 965, 967 (Fla. 4th DCA 2013) (holding that bank who filed foreclosure complaint did not have standing to foreclose when original note contained special indorsement in favor of another party); Khan v. Bank of Am., N.A., 58 So.3d 927, 928 (Fla. 5th DCA 2011) (holding that bank failed to establish it had standing to foreclose mortgage as matter of law where copy of note attached to amended complaint bore indorsement as
Mr. Gorel and FLCA also assert that Bank failed to provide sufficient evidence that it- complied with paragraph 22 of the mortgage. Specifically, they argue that the default notice did not specify a date not less than thirty days from the date the notice was given to Mr. Gorel, by which the default must be cured. “[A] mortgagee’s right to the security for a mortgage is dependent upon its compliance with the terms of the mortgage contract, and it cannot foreclose until it has proven compliance.” DiSalvo v. SunTrust Mortg., Inc., 115 So.3d 438, 439 (Fla. 2d DCA 2013). “Under Florida law, contracts are construed in accordance with their plain language, as bargained for by the parties.” Konsulian v. Busey Bank, N.A., 61 So.3d 1283, 1285 (Fla. 2d DCA 2011).
Paragraph 22 of the mortgage provides, in pertinent part:
Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured....
Bank’s default letter set a cure date twenty-nine days later, not thirty or more as required. We agree with Bank that the defective notice did not prejudice Mr. Go-rel, as he made no attempt to cure the default. Absent some prejudice, the breach of a condition precedent does not constitute a defense to the enforcement of an otherwise valid contract. Allstate Floridian Ins. Co. v. Farmer, 104 So.3d 1242, 1248-49 (Fla. 5th DCA 2012) (holding breach of condition precedent must be material, meaning one causing prejudice, to constitute defense to enforcement of contract).
For the reasons discussed, we ^reverse the final judgment of foreclosure.
REVERSED and REMANDED.
. The mortgage further identified the Mortgage Electronic Registration Systems, Inc. ("MERS”) as "a separate corporation that is acting solely as the nominee for [Novastar] and [Novastar's] successors and assigns.”
. The assignment of mortgage was not admitted into evidence at the trial.