Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
JUPITER HOUSE, LLC, Appellant, v. GREEN TREE SERVICING, LLC, a/k/a Ditech Financial, LLC, Appellee.
Jupiter House, LLC, appeals the final judgment of foreclosure entered in favor of Green Tree Servicing, LLC, following a nonjury trial. Jupiter House argues the final judgment should be reversed because Green Tree failed to demonstrate standing and because the final judgment includes an award of damages for defaults occurring outside the five-year statute of limitation period prior to the filing date of the current law suit. We reject both arguments and affirm. See Kronen v. Deutsche Bank Nat'l Tr. Co., 267 So. 3d 447, 448 (Fla. 4th DCA 2019) (holding lender had standing to bring foreclosure action as a holder under inference that when a lender attaches a copy of a note to its complaint for foreclosure and files the original note in the same condition as the copy, lender actually possessed the note at the time it filed the complaint, even though the copy of note was altered by redaction in compliance with Florida Rule of Judicial Administration 2.425(a)(4)(I)); Grdic v. HSBC Bank USA, N.A., 267 So. 3d 473 (Fla. 2d DCA 2019) (holding mortgagee has the right to file a subsequent foreclosure action and seek acceleration of all sums due under the note provided the foreclosure action was based on a subsequent default and the statute of limitations has not run on that particular default).
Affirmed.
PER CURIAM.
SILBERMAN, MORRIS, and SMITH, JJ., Concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: Case No. 2D17-3192
Decided: January 03, 2020
Court: District Court of Appeal of Florida, Second District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)