Insufficient Evidence to Support Reestablishment of Lost Note
09/11/15 18:32
Jason P. Seidler v. Wells Fargo Bank, N.A., Case No. 1D14-2569 (1st DCA 2015)
In mid November, 2015, The First District Court of Appeals reversed a final judgment of foreclosure. The Court found that the record did not contain sufficient evidence to support reestablishment of the lost page of a promissory note.
Because Wells Fargo failed to prove its claim to reestablish a lost note and failed to prove its standing, based on the original plaintiff’s standing to foreclose on the mortgage securing the note on the date the complaint was filed, the final judgment of foreclosure was reversed in favor of the homeowners.
In mid November, 2015, The First District Court of Appeals reversed a final judgment of foreclosure. The Court found that the record did not contain sufficient evidence to support reestablishment of the lost page of a promissory note.
Because Wells Fargo failed to prove its claim to reestablish a lost note and failed to prove its standing, based on the original plaintiff’s standing to foreclose on the mortgage securing the note on the date the complaint was filed, the final judgment of foreclosure was reversed in favor of the homeowners.