Jacobs v. Federal National Mortgage Association

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT EDGAR R. JACOBS and 4721 WESTWOOD DRIVE TRUST, Gulf Coast Home Sites, Inc. as Trustee, Dated November 22, 2002, Appellants, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D15-4918 Opinion filed February 22, 2017. Appeal from the Circuit Court for Charlotte County; Michael T. McHugh, Judge. Eric J. Chrisner, David C. Hicks, and Vincent Carl LoBue of Alliance Legal Group, PL, Sarasota, for Appellants. Wm. David Newman, Jr. of Choice Legal Group, P.A., Fort Lauderdale, for Appellee. BLACK, Judge. In this appeal from a final judgment of foreclosure, Federal National Mortgage Association appropriately concedes that it failed to establish standing at the time the original plaintiff, JP Morgan Chase Bank, N.A., filed the complaint. As a result, we reverse and remand for dismissal of the foreclosure action. See Segall v. Wachovia Bank, N.A., 192 So. 3d 1241, 1245-46 (Fla. 4th DCA 2016); Fiorito v. JP Morgan Chase Bank, Nat'l Ass'n, 174 So. 3d 519, 521-22 (Fla. 4th DCA 2015). Reversed and remanded. KELLY and BADALAMENTI, JJ., Concur. -2-

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