ROBERT McLEAN, Appellant, v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually but solely as Trustee for the holders of STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-ARS, Appellee., 79 So. 3d 170

Summary

The borrower appealed the grant of summary judgment on the grounds that the bank failed to prove it had standing to foreclose on the mortgage at the time it filed the complaint. The court found that the record evidence was insufficient to demonstrate that the bank had standing to foreclose at the time the lawsuit was filed. The mortgage was assigned to the bank three days after the bank filed the instant foreclosure complaint. While the original note contained an undated special endorsement in the bank's favor, the affidavit filed in support of summary judgment did not state when the endorsement was made to the bank. Furthermore, the affidavit, which was dated after the lawsuit was filed, did not specifically state when the bank became the owner of the note, nor did the affidavit indicate that the bank was the owner of the note before suit was filed. Therefore, the bank failed to submit any record evidence proving that it had the right to enforce the note on the date the complaint was ...