February 4, 2013
Florida Court of Appeal held that Loan Servicer Defendant was the Proper Holder of Promissory Note and Mortgage, and Granted Summary Judgment
In Riggs v. Aurora Loan Services, LLC, 36 So. 3d 932 (Fla. Dist. Ct. App. 2010), the District Court of Appeal of Florida, Fourth District, held that Aurora Loan Services, LLC, was the lawful holder of a promissory note and … Continue reading
February 4, 2013 in Florida | Permalink | No Comments
February 1, 2013
United States District Court in Florida Denies Plaintiff’s Motion to Remand Case to State Court
In Diversified Mortg., Inc. v. Merscorp, Inc., 809-CV-2497-T-33EAJ, 2010 WL 1793632 (M.D. Fla. May 5, 2010) the United States District Court, in the Middle District of Florida, denied Diversified Mortgage Inc.’s motion to remand its case to state court. MERS … Continue reading
February 1, 2013 in Florida | Permalink | No Comments
December 6, 2012
Florida Third District Court of Appeals Holds that MERS has Standing to Foreclose because no Rights are Affected
In MERS, Inc. v. Revoredo, 955 So.2d 33 (FL 2d DCA, 2007), MERS brought a foreclosure action against plaintiffs, based on a note of which it was the holder. MERS did not “own” the note even though it was called … Continue reading
December 6, 2012 in Florida | Permalink | No Comments
November 29, 2012
Florida Court Holds Bank Lacked Authority to Foreclose Absent Substantiation of Note Assignments
In Gee v. U.S. Bank Nat. Ass’n, 72 So. 3d 211 (Fla. Dist. Ct. App. 2011) the court held that summary judgment against appellant/homeowner was inappropriate because U.S. Bank failed to establish its authority to foreclose. A copy of the … Continue reading
November 29, 2012 in Florida | Permalink | No Comments
November 9, 2012
Florida Appellate Court Holds that a “Non-Holder” does not have Standing
In Cutler v. U.S. Bank National Association, ____ So.3d ____ (Fla.App. 2 Dist. 2012), a Florida Appellate court held that if a bank could not establish that it was the holder of the mortgage note or allonge, which took effect prior to … Continue reading
November 9, 2012 in Florida | Permalink | No Comments
