Fla 4th DCA: The Starting Point is Standing — If You Don’t Have It, There is no Jurisdicition

In the old days (I sound like my mother now who would have been 100 next year), we didn’t need pre-stamped blank indorsements on notes. If a note and mortgage were sold the seller would indicate the sale to the buyer by signature and the buyer would record the transaction (if he were smart) in the land records office.

Think about it, when you sell a car you transfer the title – it all gets legally recorded in order to issue registrations, and of course taxes. That is by state law… And if it’s not recorded properly and the new owner has an accident, leaves the car on the side of the road, guess who is liable…? Why should property be allowed to float?! It’s about time the judiciary started to grasp the misappropriation of property. Just some of my thoughts, Sydney.

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see Rodriguez v. Wells Fargo

“The core element concerning to whom the note was payable on the date suit was filed was not proven.”

Bottom Line: You can’t file a lawsuit without standing. Judgment reversed with instructions to enter Judgment for the homeowner. And you can’t cure standing by getting it later. That would be like filing suit for a slip and fall in front of a super market, and once the suit was filed, you then go to the supermarket, get out of your car and proceed to slip and fall. And the second story is that the BURDEN OF PROOF is on the foreclosing party, not the homeowner.

Many courts are now leaning away from the legal fantasies being promoted by “servicers”, “trustees’ and other parties…

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