Editor: David Reiss
Brooklyn Law School

November 29, 2012

Florida Court Holds Bank Lacked Authority to Foreclose Absent Substantiation of Note Assignments

By Joseph Kelly

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 mortgage and two assignments, from Advent Mortgage (the original mortgagee) to Option One (first assignee) and from American Home (as successor in interest of Option One) to U.S. Bank, was insufficient to establish bank’s authority to foreclose mortgage, absent any showing how American Home (subsequent assignee) came to be a successor in interest to Option One (first assignee).

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