Fourth DCA Holds that for Ortiz Presumption to Apply the Note must be in the “Same Condition” Yesterday, in Fredle v. The Bank of New York Mellon, 4D15-3283, the Fourth District Court of Appeal granted a motion for rehearing and clarification with some interesting tidbits important to fighting the presumption analysis pursuant to Ortiz. Here, the…

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 Finds an Agency Relationship Between Servicer and Noteholder without PSA or MLS On Wednesday the Fourth District Court of Appeal reversed an order of involuntary dismissal finding that the Bank of New York Mellon had standing to initiate the foreclosure action even when a different party, the mortgage servicer, was in possession of the note…

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