McLean v. JP Morgan Chase Bank National Ass'n
McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
- Court
- Florida Fourth District Court of Appeal
- Decided
- 2012-02-08
- Docket
- 4D10-3429
What happened
Chase won summary judgment of foreclosure against Robert McLean, but the record did not show when the note was endorsed to Chase.
What the court decided
The Florida appellate court reversed: a foreclosing plaintiff must prove it had standing when it filed suit, and the record lacked that proof.
In the court's words
“the record lacked any evidence that Chase had standing to foreclose at the time the lawsuit was filed”
Why it may matter to you
In a court foreclosure, ask the plaintiff to prove what it owned on the day it sued.
Why it might not apply
Florida judicial foreclosure; the lender could still prove standing on remand.
Most useful when
- The bank's proof does not show it owned the note when it sued
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)Short formMcLean, 79 So. 3d 170Draft — check it with free legal aid before you file or say it in court.
In McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012), the court held that a foreclosing plaintiff must prove it had standing when the lawsuit was filed, and summary judgment is improper without that proof. Here, [say in one sentence what happened in your case]
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