Yesterday, Florida’s Fourth District Court of Appeal ruled on the Bristol v. Wells Fargo case. This is an important opinion for lawyers who practice foreclosure defense. The court ruled that a bank seeking to foreclose must demonstrate that it has standing to do so at the time it files its Complaint AND that a prior assignment of mortgage that does not also assign the note does not provide standing. This case will provide a lot of ammunition for lawyers like myself who represent borrowers in efforts to defeat a bank’s foreclosure action.
When Neil Sedaka sang “Breaking Up Is Hard To Do,” I don’t think this is what he had in mind.