This case highlights how lenders must truly own and hold the note at the time they elect to file their lawsuit.
Ft. Lauderdale, FL (PRWEB) August 22, 2014
Broward County Circuit Court granted a major victory for homeowners living in Florida, ruling in Case No. 09-69024(1) that the bank could not prove it was the owner and holder of the promissory note at the time the lawsuit was filed. After the Plaintiff rested its case at trial, the Reyes Law Group moved for an involuntary dismissal for failure to prove their case, and it was granted.
The bank could not prove that it had standing to bring the five-year-old case at the time it filed the original lawsuit, and thus, the judge followed the governing body of case law dealing specifically with this issue by granting at trial, the Defendants’ motion for involuntary dismissal of the foreclosure action.
Carlos J. Reyes, Principal of Reyes Law Group, points out, “This case highlights how lenders must truly own and hold the note at the time they elect to file their lawsuit. Despite the age of this case, the courts are obligated to dismiss such actions. Homeowners facing foreclosure need to know they have rights too and deserve representation.”
The Reyes Law Group represents a wide array of clients in real estate litigation and mortgage foreclosure defense cases. We are committed to the delivery of high quality, efficient and personal representation as we zealously defend property and preserve rights.