Fourth DCA Holds Plaintiff Must Possess the Original Allonge Earlier this month in U.S. Bank N.A., etc. v. Jean Kachick, 4D16-1776, the Fourth District Court of Appeal affirmed the trial court’s final judgment in favor of the homeowner because the Plaintiff failed to file the original allonge with the trial court.  Although the original note was…

Fourth DCA Holds that Where Case is Dismissed Due to Standing, No Contractual Attorneys’ Fees In a devastating decision today out of Fourth District Court of Appeal, the Fourth agreed with the Third DCA’s Bank of New York Mellon et al. v. Fitzgerald decision and held that where a case is dismissed for failure to prove standing, the homeowner is…

Recent South Florida Foreclosure Opinion May Take Away Another Avenue to Disprove Holder Status Our South Florida Foreclosure Lawyers have another recent case law update stemming from an appeal from a Broward County foreclosure court.  The Fourth District Court of Appeal recently ruled that anomalous indorsements appearing on a note will not affect the holder status…

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