July 16, 2012
Today, a Lee County (Ft. Myers) Florida Circuit Judge denied a Motion for Protective Order which had been filed by SunTrust Mortgage, Inc. which Motion sought to block the homeowner’s request to take the deposition of Deborah Ellis, who allegedly signed the undated endorsement which SunTrust claims is on the “back” of the Note. In the original Complaint filed by SunTrust in 2008, there was no endorsement on the Note; in 2010, SunTrust filed what it claims to be the “original Note” with the alleged endorsement on the back of the Note; later in 2010, SunTrust filed a “Verified” Amended Complaint which, again, had no copy of an endorsed Note.
The Court ruled that the issues surrounding the endorsement are directly relevant to the standing defense asserted by the homeowner, and that the circumstances surrounding the endorsement are a proper subject of inquiry for the deposition of the “endorser” Deborah Ellis. Recent case law from the Florida 4th District Court of Appeal reversed summary judgments where there was no evidence offered by the foreclosing “bank” that the endorsement on the Note was present at the time that the Complaint was filed.
The homeowner is represented by Jeff Barnes, Esq., who argued the matter in person before the Court today, including the recent case law on endorsements. One of these cases provides that an evidentiary hearing is proper when there is conflicting evidence relating to an endorsement and there is an issue as to whether an undated endorsement was on the Note at the time the Complaint was filed, as this relates directly to whether the foreclosing party had standing to sue at the time it filed its foreclosure action.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com