Zimmerman v. JPMorgan Chase Bank, National Ass'n
Docket: No. 4D12-2190
Court: District Court of Appeal of Florida; February 11, 2014; Florida; State Appellate Court
Linda Zimmerman appeals a foreclosure judgment favoring JP Morgan Chase Bank. The court affirms most of the appellant's claims but highlights a critical issue regarding Chase's standing to initiate the foreclosure. Chase conceded that it failed to establish standing, which is essential in foreclosure actions and must be proven at the lawsuit's inception. Although Chase attached a photocopy of the promissory note and mortgage from Washington Mutual Bank to the complaint, it later submitted the original note with an undated endorsement in blank without evidence of having secured possession of the note before filing the complaint. This omission raises a genuine material issue regarding Chase's standing at the lawsuit's initiation, preventing summary judgment. Consequently, the court reverses the final judgment and remands the case. On remand, Chase must demonstrate that it was the holder of the endorsed note at the time the complaint was filed. If it fails to do so, or if the note was endorsed after the lawsuit commenced, Chase lacked standing, leading to dismissal of the lawsuit and a requirement to file a new complaint. The ruling is reversed and remanded.