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Florida 4th DCA in West Palm Beach reverses foreclosure case finding that the bank failed to prove standing

In a Florida foreclosure, the bank must prove standing to forelcoseIn another great opinion, Florida's Fourth District Court of Appeals has reversed another foreclosure finding that the bank failed to prove standing. In Rigby v. Wells Fargo, the 4th DCA found that Wells Fargo failed to prove that it was entitled to foreclose on this homeowner.

Standing is the legally ability of a party to seek relief in court. A party, including a bank that wishes to foreclose, must prove that it had the right to foreclose at the time the lawsuit was filed. In this case, the assignment of mortgage was dated after the lawsuit was filed and the bank failed to introduce any evidence that the loan was actually transferred before the lawsuit was filed. The lawyers did a great job in this case and it is a great victory.

Foreclosure courts throughout the state of Florida have essentially ignored standing. This opinion can now be used to force judges to start paying attention to this issue. Issues like this are why it is so important to have a foreclosure lawyer in Broward, Miami-Dade, and Palm Beach that knows how to litigate. Unfortunately most foreclosure lawyers just try to delay, not fight.

At Loan Lawyers, our team of foreclosure attorneys are ready to fight for the home you worked so hard to purchase. We offer free consultations in Fort Lauderdale, Coral Gables, North Miami Beach, and Delray Beach.

Categories: Foreclosure Defense
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