“The fact that the trust identified in the complaint is somewhat different from the trust identified in the mortgage assignment does not create a defect in standing as a holder of the note that can be resolved on a motion to dismiss.”
On August 2, 2019, the Fifth District Court of Appeal in Wells Fargo Bank, N.A., as Trustee for the Mastr Asset Backed Securities Trust 2007-Ncw Mortgage Pass-Through Certificates Series 2007-NCW v. Stephenson, Case No. 5D18-733, 44 Fla. L. Weekly D2001a (Fla. 5thDCA August 2, 2019), held that as the Plaintiff had filed the Complaint with a copy of a note with a blank endorsement, and had alleged that it was the holder of the note, and had filed a certificate of possession with a copy of the blank endorsed note, that the discrepancy between the Plaintiff name and the assignment of mortgage did not create a defect in standing.
It went onto to further hold that, “we agree with our sister court that to prove standing, a plaintiff is not required to identify or prove the trust on whose behalf the plaintiff acts. Bank of N.Y. Mellon Tr. Co., Nat'l Ass'n v. Ginsberg, 221 So. 3d 1196, 1197 (Fla. 4th DCA 2017). The fact that the trust identified in the complaint is somewhat different from the trust identified in the mortgage assignment does not create a defect in standing as a holder of the note that can be resolved on a motion to dismiss.”
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