Spicer v. Ocwen Loan Servicing, LLC

Summary

The Florida Fourth District Court of Appeal affirmed a foreclosure judgment in favor of Ocwen Loan Servicing, LLC. The court held that a party substituted under Florida Rule of Civil Procedure 1.260 acquires the standing of the original plaintiff, and that the substituted plaintiff’s presentation of the original note indorsed in blank established standing to foreclose.

Holdings

1. A party substituted as plaintiff under Florida Rule of Civil Procedure 1.260 acquires the standing possessed by the original plaintiff at the inception of the action.
2. A substituted plaintiff that acquired the original plaintiff's standing establishes standing to foreclose at judgment by presenting the original note indorsed in blank.
3. Because One West had standing when the complaint was filed and Ocwen established standing at judgment by presenting the original note indorsed in blank, the final judgment of foreclosure was properly entered.

Questions Presented

1. Whether a plaintiff substituted under Florida Rule of Civil Procedure 1.260 acquires the standing that the original plaintiff possessed when the foreclosure action was commenced.
2. Whether the substituted plaintiff established standing at the time final judgment was entered by presenting the original note indorsed in blank.
3. Whether the circuit court erred in denying the borrowers' motion for involuntary dismissal and entering the final judgment of foreclosure.

Disposition

affirmed