“We have repeatedly stated that a crucial element in any mortgage foreclosure proceeding is that the party seeking foreclosure must demonstrate that it has standing to foreclose. As always, a party must have standing to file suit at its inception and may not remedy this defect by subsequently obtaining standing.”
Appeals Court Gets Exasperated About Foreclosure Standing
The Fourth District Court of Appeal is tired of talking about standing in foreclosure cases.
After dozens of opinions addressing rules for proving debt ownership and the right to foreclose, the appellate court seemed exasperated Wednesday when reversing on these grounds.
“This case presents us with yet another opportunity to resolve what has become a common issue for this court,” District Judge Mark Klingensmith wrote in a case pitting lender Christiana Trust against Palm Beach County homeowner Fallon Rahima Jallali.
Legal standing became a prickly issue when the housing collapse led to bulk sales of millions of troubled mortgages to investors in the secondary debt market.
The note and mortgage on Jallali’s property changed hands multiple times, leaving the court to unravel whether Christiana Trust had enough proof to show it owned the debt.
The case dated back about nine years, and court records show the original note was missing when lender Countrywide Home Loans Inc. filed to foreclose in 2007.
In the end, the appellate court ruled the newest lender failed to prove standing and remanded the case with instructions for the trial court to enter an involuntary dismissal in Jallali’s favor.
Copy of the full opinion below…
JALLALI v. CHRISTIANA TRUST