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CASE LAW UPDATE
An indorsement to a trustee is sufficient to establish standing to foreclose, in terms of the identity of the person or entity entitled to enforce the note, regardless of whether the identity of the trust is clear from note, together with any indorsements or allonges.
On January 23, 2019, the Fourth District Court of Appeal in Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset Backed Pass Through Certificates, Series 2005-QS12 v. Harris, Case No. 4D17-3009 (Fla. 4th DCA 2019) reversed and remanded the lower courts involuntary dismissal for lack of standing as the endorsement on the note to Deutsche Bank Trust Company Americas, as Trustee was sufficient to establish standing pursuant to Fla. Stat. 673.3011(3)(b)(1), even though it did not specifically reference to the specific trust.
See also Bank of N.Y. Mellon Tr. Co., Nat'l Ass'n v. Ginsberg, 221 So. 3d 1196, 1197 (Fla. 4th DCA 2017), rev. denied sub nom. Ginsberg v. Bank of N.Y. Mellon Tr. Co., N.A., No. SC17-1468, 2018 WL 503421 (Fla. Jan. 22, 2018) (emphasis added).
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