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…

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…

Fourth DCA: Note in Servicer’s Possession is Not Contrary Evidence In a decision today out of the the Fourth District Court of Appeal, Deutsche Bank National Trust Co. v. Applewhite, the appellate court held that even where there is evidence that another party was in possession of the note when the foreclosing party filed suit, that will…