Victoria S. Magaldi v. Deutsche Bank National Trust Co., as Trustee for WAMU 2005-AR6

Summary

The Fourth District Court of Appeal of Florida reversed a foreclosure judgment because Deutsche Bank failed to prove that it had standing when the foreclosure action was filed. The court held that the note attached to the complaint lacked an endorsement establishing the bank’s status as holder, and that later filing of the original note, a post-complaint assignment, and evidence of transfer to a trust did not establish standing at inception.

Holdings

1. Deutsche Bank failed to prove that it was entitled to enforce the note when it filed the foreclosure suit and therefore lacked proven standing at the inception of the action.

Questions Presented

1. Whether Deutsche Bank proved that it had standing to enforce the note at the inception of the foreclosure action.
2. Whether the post-complaint original note, post-complaint assignment, pooling and servicing agreement, and related testimony established standing when the suit was filed.

Disposition

reversed