October 19, 2015
Once again, the Florida Fourth District Court of Appeal has reiterated what is now established law in the State of Florida on “blank endorsements”: no proof of when the stamp was placed on the Note results in reversal of any final judgment in favor of the foreclosing party (and thus no foreclosure), and final judgment in favor of the homeowner. The most recent pronouncement of this maxim is set forth in Peoples v. SAMI II Trust, etc., Florida 4th DCA case No. 4D14-2757 (Fla. 4th DCA, Oct. 14, 2015).
The foreclosing party filed an Amended Complaint with a copy of the Note (in favor of America’s Wholesale Lender) with no endorsement, after which it filed an “original” Note with a stamp. There was no testimony at trial as to when the stamp (allegedly executed by Countrywide) was placed on the Note. The final judgment which the trial Judge entered in favor of the foreclosing party (a BNY securitization) was reversed with directions to enter final judgment in favor of the homeowner.
Despite the issuance of this case, which is only the latest in a long line of appellate decisions in Florida, the foreclosure firms continue to argue that all they need to prove standing is “the original note with a blank endorsement”, period. Perhaps they are hoping that the Courts are not reading the law, as they apparently are not or they have and are just not being candid with the Court as to what the current state of the law really is.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com