On Wednesday, July 15, the Fourth District Court of Appeal reversed/remanded a dismissal of a foreclosure case Partner Jason Vanslette tried on four days over an 18 month period on behalf of a major firm client. The case was originally filed back in 2008 by another law firm, which failed to attach a proper copy of the original note to the complaint with all the endorsements and allonges. This is typically a fatal mistake in a foreclosure case and often leads to massive attorney’s fees for the adverse party and a refiling of the initial foreclosure case.
Faced with a formidable task, Jason had to prove standing dating back to the date of filing (almost 12 years prior) with limited available documentation and evidence. Although most standing arguments rely heavily on banking business records showing when an endorsement was placed on a promissory note, servicers often must rely on the record-keeping of others as the loans are frequently sold. Due to the age of the case and Countrywide Home Loans not existing over a decade, Jason had to prove standing in ways not widely recognized by the appellate courts. Notwithstanding, the Fourth District Court of Appeal concluded Jason proved sufficient standing through his use of a properly authenticated Pooling and Servicing Agreement in conjunction with his witnesses’ testimonials. This victory has significant implications for the mortgage industry and our clients as it memorializes and accepts alternative theories of standing available to the Plaintiff when limited evidence is available!
To view the court documents, click here.
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Kelley Kronenberg is a multi-practice business law firm with more than 175 attorneys and 11 locations throughout Florida and the United States. Founded in 1980, our firm is one of the fastest-growing law firms in Florida, built on relationships and committed to exceptional client service. We serve all types and sizes of public and private companies, as well as small businesses and individuals nationwide. Kelley Kronenberg has been recognized amongst the “Largest U.S. Law Firms” by the National Law Journal’s NLJ 500, Law 360 400 and Florida Trend in 2020, America’s Top Corporate Law Firms by Forbes and Top 10 in NLJ’s Women’s Scorecard in 2019. The firm has been the recipient of many accolades most recently including: Top “Largest Law Firms” in the South Florida Business Journal, Tampa Bay Business Journal and Orlando Business Journal, Florida Trend, South Florida Business & Wealth, and American Lawyer’s Daily Business Review “Review 100”. For more information, visit www.kklaw.com.
Michelle Martinez Reyes, Chief Relations Officer