Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
District Court of Appeal of Florida,
Fourth District.
Robert McLEAN, Appellant,
Feb. 8, 2012.
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
While standing to foreclose can be demonstrated by the filing of the original note with a special endorsement in
favor of the plaintiff, this does not alter the rule that a party's standing is determined at the time the lawsuit was
filed.
The plaintiff's lack of standing at the inception of the case is not a defect that may be cured by the acquisition of
standing after the case is filed; thus, a party is not permitted to establish the right to maintain an action retroactively
by acquiring standing to file a lawsuit after the fact.
[8] Mortgages 266 431
When an assignment of mortgage does not occur until after the foreclosure complaint is filed, and the plaintiff
contends that its standing to foreclose derives from an endorsement of the note secured by mortgage, the plaintiff
must show that the endorsement occurred prior to the inception of the lawsuit; if the note or allonge reflects on its
face that the endorsement occurred before the filing of the complaint, this is sufficient to establish standing.
266k428 Plaintiffs
266k431 k. Holders of obligations secured. Most Cited Cases
Mortgages 266 463
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
While standing to foreclose can be demonstrated by the filing of the original note with a special endorsement in
favor of the plaintiff, this does not alter the rule that a party's standing is determined at the time the lawsuit was
filed.
The plaintiff's lack of standing at the inception of the case is not a defect that may be cured by the acquisition of
standing after the case is filed; thus, a party is not permitted to establish the right to maintain an action retroactively
by acquiring standing to file a lawsuit after the fact.
[8] Mortgages 266 431
When an assignment of mortgage does not occur until after the foreclosure complaint is filed, and the plaintiff
contends that its standing to foreclose derives from an endorsement of the note secured by mortgage, the plaintiff
must show that the endorsement occurred prior to the inception of the lawsuit; if the note or allonge reflects on its
face that the endorsement occurred before the filing of the complaint, this is sufficient to establish standing.
266k428 Plaintiffs
266k431 k. Holders of obligations secured. Most Cited Cases
Mortgages 266 463
