U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, IN TRUST ON BEHALF OF J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-CW2, Appellant,
RANDY S. BECKER and LORI D. BECKER, Appellees.
final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Kathleen D. Ireland, Senior Judge; L.T. Case
Gabriela Cortes, Jonathan R. Rosenn and Adam B. Leichtling of
Lapin & Leichtling, LLP, Coral Gables, for appellant.
L. Tepps of Jerome L. Tepps, P.A., Sunrise, for appellees.
residential foreclosure case, U.S. Bank National Association,
as Trustee, in Trust on Behalf of J.P. Morgan Mortgage
Acquisition Trust 2006-CW2 ("the Bank") appeals the
trial court's involuntary dismissal of its lawsuit for
lack of standing. We reverse because the Bank established its
standing to foreclose by virtue of its possession of a note
indorsed in blank.
of 2014, the Bank filed a one count residential mortgage
foreclosure suit against Appellees. In its complaint, the
Bank alleged that it was "the holder of the note and
entitled to enforce the terms thereof as [the Bank] is in
possession of the original note [i]ndorsed in blank."
The Bank filed the original note and mortgage along with its
note, which was executed on March 14, 2006, reflected that
the original lender was Ocwen Loan Servicing, LLC. The note
also bore three undated indorsements, two special and one in
blank. One of the special indorsements was transposed with a
"VOID" stamp. The other was payable to Countrywide
Home Loans, Inc. by Countrywide Bank NA as agent for Ocwen
Loan Servicing LLC. The blank indorsement was made by
Countrywide Home Loans, Inc. Additionally, an undated allonge
made by Ocwen Federal Bank in favor of Full Spectrum Lending
was attached to the note.
matter proceeded to a bench trial where the Bank introduced
testimony from a case manager for the loan's servicer.
The case manager testified that the note was transferred as
Ocwen Loan Servicing, LLC (original lender)
↓Via special indorsement
Countryside Home Loans, Inc.
↓Via blank indorsement and a Master Mortgage Purchase