Title Examination Standards
Chapter 1, App.
Chapter 24. Mortgages and Other Liens
§ 24.13. Standing of Nominee or Agent

Standard 24.13

An agent or nominee has standing to bring a cause of action to foreclose the lien of a mortgage, if the agent or nominee remains the record holder of the mortgage lien.

Comment: An examiner's opinion of the adequacy of such foreclosure proceedings shall be formed in the same manner as in a review of any other foreclosure action. Authority: 12 O.S. Section 2017A; Mortgage Electronic Registration Systems, Inc. v. Azize, Case No. 2D05-4544 (Fla. App. 2/21/2007) (Fla. App., 2007); Greer v. O'Dell, 305 F.3rd 1297 (11th Cir. 2002).

The Title Examination Standards Committee recommended adding a new Standard 24.13 to clarify to examiners what parties have standing to bring a mortgage foreclosure action. The Real Property Law Section approved, November 8, 2007, and the House of Delegates adopted the proposal November 9, 2007.