Court Held the Assignments of the Note and Mortgage Introduced by Plaintiff were Sufficient
FLORIDA CASE LAW UPDATES
U.S. BANK TRUST, N.A. V. DICK, 2D19-3998 (Fla. 2nd DCA Feb. 5, 2021).
The Court held the assignments of the note and mortgage introduced by the substituted plaintiff at trial were sufficient to warrant denial of defendant's motion for involuntary dismissal for lack of standing, notwithstanding defendant's assertion that the most recent assignment to the plaintiff was invalid if not fraudulent. In moving for involuntary dismissal, the borrowers were required to admit as true all of the facts in evidence, including the representations made in the assignments and every reasonable conclusion or inference that could be drawn from them favorable to the lender. Further, the plaintiff introduced the original note into evidence at trial, which established plaintiff’s standing to enforce it.
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