Lewis v. U.S. Bank Nat'l Ass'n, 4D14–815.
| Decision Date | 09 March 2016 |
| Docket Number | No. 4D14–815.,4D14–815. |
| Citation | 188 So.3d 46 (Mem) |
| Parties | Sharlene Hampton LEWIS, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Registered Holders of ABFC 2007–WMC 1 Trust, Asset–Backed Certificates, Series 2007–WMC1, Appellee. |
| Court | Florida District Court of Appeals |
Bruce Jacobs, Court E. Keeley, Amida U. Frey, and Anna C. Morales of Jacobs Keeley, PLLC, Miami, for appellant.
Diana B. Matson of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Fort Lauderdale, for appellee.
ON MOTION FOR REHEARING
We grant appellant's motion for rehearing, withdraw our per curiam affirmance, and enter the following opinion.
In 2008, appellee bank filed a foreclosure action and included a count seeking to reestablish a lost note. No copy of the original note was attached to the complaint. The case went to trial in 2014. The endorsements on an allonge to the note were undated and the bank's witness could not testify when the endorsements were placed on the allonge. The bank's reliance on a pooling and servicing agreement was insufficient to establish the bank's standing to bring suit at the time the suit was filed. See Jarvis v. Deutsche Bank Nat.'l Trust Co., 169 So.3d 194, 196 (Fla. 4th DCA 2015)
; Balch v. LaSalle Bank N.A., 171 So.3d 207, 209 (Fla. 4th DCA 2015) ; Perez v. Deutsche Bank Nat.'l Trust Co., 174 So.3d 489, 491 (Fla. 4th DCA 2015).
Reversed and remanded.
GROSS
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