Cromarty v. Wells Fargo | FL 4th DCA - Reversed Due To An Undated Blank Endorsement

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Cromarty v. Wells Fargo | FL 4th DCA – Reversed Due To An Undated Blank Endorsement

Cromarty v. Wells Fargo | FL 4th DCA – Reversed Due To An Undated Blank Endorsement

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2013

WILLIAM A. CROMARTY and MAUREEN CROMARTY,
Appellants,

v.

WELLS FARGO BANK, NA,
Appellee.

No. 4D11-4435

[April 17, 2013]

GERBER, J.

The borrowers appeal from the circuit court’s final summary judgment
of foreclosure in the bank’s favor. The borrowers argue, among other
things, that the bank failed to negate their affirmative defense of lack of
standing. Specifically, the borrowers argue that the note’s blank
endorsement was undated and the bank’s evidence was insufficient to
establish that it held the note and was entitled to enforce the note at the
time it filed suit.

We agree with the borrowers’ argument as to standing and reverse.
See Hall v. REO Asset Acquisitions, LLC, 84 So. 3d 388 (Fla. 4th DCA
2012) (“While the note introduced had a blank endorsement and was
sufficient to prove ownership b y appellee, who possessed the note,
nothing in the record shows that the note was acquired prior to the filing
of the complaint. The endorsement did not contain a date, nor did the
affidavit filed in support of the motion for summary judgment contain
any sworn statement that the note was owned by the plaintiff on the date
that the complaint was filed.”). We conclude the borrowers’ other
arguments lack merit.

Reversed and remanded.

MAY, C.J., and TAYLOR, J., concur.

* * *

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Marina Garcia-Wood, Judge; L.T. Case No. 09-43383
CACE.
Carol A. Gart of Carol A. Gart, P.A., Boca Raton, for appellant.
Donna L. Eng, Michael K. Winston and Dean A. Morande of Carlton
Fields, P.A., West Palm Beach, for appellee.
Not final until disposition of timely filed motion for rehearing.

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