U.S. Bank N.A. v. MattosAnnotate this Case
This appeal arose from a judicial decree of foreclosure granted in favor of U.S. Bank N.A. (Plaintiff) and against Joseph and Chanelle Meneses (Defendants). The intermediate court of appeals (ICA) affirmed the judgment of the circuit court, concluding that the circuit court properly granted Plaintiff’s motion for summary judgment and decree of foreclosure. Defendants appealed, arguing that Plaintiff lacked standing to foreclose. The Supreme Court vacated the ICA’s judgment on appeal and the circuit court’s order granting Plaintiff's motion for summary judgment and decree of foreclosure, holding (1) there was a genuine issue of material fact as to whether Ocwen Loan Servicing, LLC had the authority to sign a second assignment of mortgage to Plaintiff; and (2) in the judicial foreclosure context, a third party unrelated to a mortgage securitization pooling and servicing agreement lacks standing to enforce an alleged violation of its terms unless the violation renders the mortgage assignment void, rather than voidable.