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.