Lack of Standing is an Affirmative Defense


Livinglies's Weblog

Appellant Robert J. Stoltz prevailed against Aurora Loan Servicing and Nationstar Mortgage in Florida’s Second District Court of Appeals. Honorable Judge Daniel R. Monaco reversed the final foreclosure judgment ruling that the plaintiff’s failure to prove standing at the inception of the suit was fatal (see Dickson v. Roseville Props., LLC, 40 Fla. L. Weekly D2520 (Fla. 2d DCA Nov. 6, 2015- quoting, “For better or for worse, it is settled that it is not enough for the plaintiff to prove that it has standing when the case is tried; it must also prove that it had standing when the complaint was filed.”).


Nationstar Mortgage had filed suit against homeowner, Robert Stoltz, and a different servicer named Aurora Loan Servicing was substituted as plaintiff prior to the trial. In the lower court the servicer claimed they were the holder of the note, not that they were foreclosing on behalf of…

View original post 549 more words

Advertisements

About Here and Now

I rant about issues concerning foreclosure, real estate law and any topic of interest. Normally my day job is Fashion and Costume Design. I like writing and reading interesting subjects.
This entry was posted in Uncategorized. Bookmark the permalink.