Florida/Georgia Personal Injury & Workers Compensation

...Because a promissory note is a negotiable instrument and because a mortgage provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder. See § 673.3011, Fla....

...Century Bank had standing to bring the foreclosure action. We therefore reverse the Final Judgment of Foreclosure and remand for further proceedings. Reversed and Remanded. GERBER and LEVINE, JJ., concur. . A plaintiff may also establish standing by any means identified in section 673.3011, Florida Statutes (2012).

...See Ryan, 142 So.3d at 975 ; Hunter v. Aurora Loan Servs., LLC, 137 So.3d 570, 574 (Fla. 1st DCA2014). Reversed. LEWIS, C.J. and RAY, J., concur. . Under certain circumstances, nonholders may also enforce notes and foreclose mortgages securing them. See § 673.3011(2)-(3), Fla....

...ing party; the burden is upon the moving party to show conclusively the complete absence of any genuine issue of material fact. Id. The person entitled to enforce a negotiable instrument, such as a promissory note, is the "holder of the instrument." § 673.3011, Fla....

...e "negotiated by transfer of possession alone." § 673.2051(2), Fla. Stat. (2008). The negotiation of the note by its transfer of possession with a blank indorsement made Aurora Loan the "holder" of the note entitled to enforce it. §§ 673.2011(1), 673.3011(1), Fla....

...hts of a holder, or (3) a person not in possession of the instrument who is entitled to reestablish a lost, destroyed or stolen instrument pursuant to section 673.3091, or who has paid or accepted a draft by mistake as described in section 673.4181. § 673.3011, Fla....

...Mortgage.” BOA attached copies of the note and mortgage to its complaint. While not specifically referred to by citation, BOA was clearly proceeding to enforce as the holder of the note or as a non-holder in possession with rights of a holder. § 673.3011(1) & (2), Fla....

...“Because a promissory note is a negotiable instrument and because a mortgage provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder.” Id. (citing § 673.3011, Fla....

...nstrate that it has standing to foreclose.” McLean v. JP Morgan Chase Bank Nat'l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA *46 2012) (finding that, to establish standing, plaintiff must show it held or owned note at time complaint was filed). Under section 673.3011, Florida Statutes (2013), a person entitled to enforce the note and foreclose on a mortgage is the holder of the note, a non-holder in possession of the note who has the rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091, Florida Statutes....

...An entity can establish standing to foreclose a note secured by a mortgage by showing that it is the holder of the note or a nonholder in possession of the note who has the rights of a holder. Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011); see also § 673.3011, Fla....

...2d DCA 2013), we do not generally give parties who have failed to prove their case an opportunity to do so in a retrial. Thus, we reverse and remand with directions that the circuit court enter an involuntary dismissal of the foreclosure complaint. Reversed and remanded with directions. CASANUEVA and KELLY, JJ., Concur. . Section 673.3011 also provides that in certain circumstances a person not in possession of the instrument may enforce it....

...not occur until the indorsement is made. Finally, Mr. Taylor argues that according to the MERS website, MERS is not a beneficial owner of the mortgage loan and it, therefore, cannot transfer any interest. We begin our consideration of this case with section 673.3011, Florida Statutes (2009)....

...sing and canceling this Security Instrument. (Emphasis added). It appears, consequently, that the mortgage document, reciting the explicit agreement of Mr. Taylor, grants to MERS the status of a nonholder in possession as that position is defined by section 673.3011....

...The UCC provides that a “person entitled to enforce” a negotiable instrument means the holder of the instrument, a non-holder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce. § 673.3011(1)-(3), Fla....

and Mortgage Note pursuant to Florida Statutes § 673.3011.” Appellant attached to the complaint copies

...This plaintiff also must provide the trial court with either an assignment in favor of the plaintiff or a note that bears either an endorsement in blank or a special endorsement in favor of the plaintiff. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012); see also § 673.3011, Fla....

...Standing to Sue Next, the Oliphants argue that Helix lacks standing to enforce the Promissory Notes or the Term Sheet. (Doc. # 100 at 8-11). Under Florida law, a promissory note may be enforced by a holder or a nonholder with certain rights. Fla. Stat. § 673.3011 ....

...Although the original note was not indorsed, the record shows that both the mortgage and note were assigned to appellee by the original payee by recorded assignment, and the original note was filed with the court. As such, appellee became a non-holder in possession of the instrument, entitled to enforce it. See § 673.3011(2), Fla....

...HSBC is not a holder in due course and thus may not enforce the 1601 and 1632 Mortgages. As a threshold matter, the Court finds that HSBC does not need to establish that it is a holder in due course in order to enforce the mortgages. [4] Fla. Stat. § 673.3011 states: The term "person entitled to enforce" an instrument means: (1) the holder of the instrument; (2) a nonholder in possession of the instrument who has the rights of a holder; or (3) a person not in possession of the instrument who i...

...Under the UCC, a “person entitled to enforce” a negotiable instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce. § 673.3011(1)-(3), Fla....

...4th DCA 2016) (“We review the sufficiency of the evidence to prove standing to bring a foreclosure action de novo.”) (citation omitted). We agree with the note owner’s arguments. The Uniform Commercial Code provides that a promissory note, as a negotiable instrument, is enforceable by the holder. § 673.3011(1), Fla....

...otherwise proving the plaintiff’s standing to bring the foreclosure action on the note and mortgage at issue as a matter of law. Likewise, the record contains no assertion or proof by Deutsche Bank of its standing under any means identified in section 673.3011, Florida Statutes....

...Because the Seidlers had consistently denied Wachovia’s, and then Wells Fargo’s, standing to enforce the note via the foreclosure action, Wells Fargo was required to prove not only its own entitlement to enforce the note on the date'of trial, under any of the provisions of section 673.3011, Florida Statutes, but also that Wachovia was entitled to enforce'the , noté on the date the complaint was filed....

...with any company other than J.P; Morgan Chase. The bare affirmations by Wells Fargo’s only witness were insufficient to prove Wachovia’s, and thus Wells Fargo’s, entitlement to reestablish' a lost note and then enforce that note under sections 673.3011 and 673.3091....

...buse of discretion,”. Peug uero v. Bank of Am., N.A., 169 So.3d 1398 , 1202 (Fla. 4th DCA 2015); see also Cayca v. CitiMortgage, Inc., 138 So.3d 1214 (Fla. 4th DCA 2014). . Likewise, Wachovia could not have been entitled to enforce tire note under section 673.3011(2) as "a non-holder in possession of the instrument who has the rights of a holder,” because the complaint specifically alleged that Wachovia was not in possession of the note....

...art of J.P. Morgan Chase Bank, the sole holder under the special indorsement.” The trial court therefore found that the note “was never negotiated in favor of the [Bank] and the [Bank] never became the holder of the note under Florida Statute § 673.3011(1), such that it could enforce the note.” Lastly, the trial court found that the Bank did not qualify as a non-holder in possession of the instrument who has the rights of a holder.1 The trial court reserved jurisdiction to award att...

...the theory that PennyMac was entitled to enforce the note not because it was entitled to do so under the lost note statute, but rather because it was either the holder of the note or a nonholder in possession of the note with the rights of a holder.1 See § 673.3011, Fla....

...2d DCA 2009))). -5-  Because the count to reestablish a lost note fell out of the case, PennyMac's standing hinged on whether it and its predecessor in interest were the holders of Mr. Winchel's note or nonholders in possession with the rights of a holder. See § 673.3011(1), (2); Creadon v....

...ights of a holder; or (3)[a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 or s[ection] 673.4181(4).’” Murray v. HSBC Bank USA, 157 So.3d 355, 358 (Fla. 4th DCA 2015) (quoting § 673.3011, Fla....

...“[A] party’s standing is determined at the time the lawsuit was filed.” Id. A negotiable instrument, such as the promissory note in this case, is enforceable by the holder, a nonholder in possession of the instrument with the rights of a holder, or a person not in possession but entitled to enforce it. § 673.3011, Fla....

...“[Standing is a crucial element in any mortgage foreclosure proceeding, and must be established at the inception of the lawsuit.” U.S. Bank Nat’l Ass’n v. Clarke, 192 So.3d 620, 622 (Fla. 4th DCA 2016). A plaintiff has standing to foreclose if the plaintiff is the holder of the promissory *106 note. See § 673.3011(1), Fla....

...it is not necessary that the mortgage, itself, be transferred prior to the initiation of the foreclo *826 sure suit. We agree. The person entitled to enforce a negotiable instrument, such as a promissory note, is the “holder of the instrument.” § 673.3011(1), Fla....

...otiated by transfer of possession alone.” § 673.2051(2), Fla. Stat. (2008). The negotiation of the note by its transfer of possession with a blank indorsement made Aurora Loan the “holder” of the note entitled to enforce it. §§ 673.2011(1), 673.3011(1), Fla....

...negotiation of the note required not only possession, but an indorsement from Countywide to Ocwen. See § 673.2051(1), Fla. Stat. But such was lacking here. Likewise, the record contains no proof by Ocwen that it had standing under any of the means established by section 673.3011, Florida Statutes....

...v. JP 2 Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012) (finding that, to establish standing, plaintiff must show it held or owned note at time complaint was filed). Under section 673.3011, Florida Statutes (2011), a person entitled to enforce the note and foreclose on a mortgage is the holder of the note, a non-holder in possession of the note who has the rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091, Florida Statutes....

...Statutes, were never proved and were abandoned in the amended complaint. The blank indorsement filed with the certified copy of the note on June 7, 2011 might have been sufficient to prove that Aurora was entitled to enforce the instrument, under section 673.3011, as of June 7, 2011....

...session of the note who has the rights of a holder; or (3) a person or entity who is not in possession of the note because the note has been lost or was mistakenly surrendered or canceled as paid, but who otherwise would have the status of a holder. § 673.3011, Fla....

...Bank relied on a pooling service agreement, a default notice letter, and a fee payment schedule to show that it had standing to foreclose. Agreeing with this argument, the trial court ruled in favor of U.S. Bank and this appeal followed. Under section 673.3011, Florida Statutes (2014), a person entitled to enforce a negotiable instrument must be either: (1) the holder of the instrument, (2) a "nonholder in possession of the instrument who has the rights of a holder," or (3) a person not...

...3d at 173. This court reviews issues of standing in foreclosure cases using the de novo standard of review. Boyd v. Wells Fargo Bank, N.A., 143 So. 3d 1128, 1129 (Fla. 4th DCA 2014). Here, U.S. Bank attempted to prove it had standing under section 673.3011(2) as a nonholder in possession of the instrument with the rights of a holder.1 It argued below and on appeal that its possession of the note and mortgage, along with evidence of its servicing the loan through SLS, its pooling and servicing agreement with SLS, and SLS's notice of default letter sent to St....

...While U.S. Bank attempts to rely on its pooling 1 Because the note and mortgage were not indorsed in blank or specially indorsed to U.S. Bank, U.S. Bank is unable to establish its standing as a holder of the instrument. See § 673.3011(1). -3- and servicing agreement with SLS to show that it had standing, this document does not contain any mention of Lenders Direct or its alleged transfer of the note and mortgage into the U.S....

...of April 23, 2007. On February 6, 2013, HSBC filed a second amended complaint alleging that HSBC was “a nonholder in possession with the rights of a holder and is entitled to enforce the terms of the Note and Mortgage, pursuant to Florida Statute 673.3011.” The case proceeded to a non-jury trial. At trial, HSBC offered the testimony of a loan analyst with Ocwen Loan Servicing (“Ocwen”)....

...instrument; (2) [a] nonholder in possession of the instrument who has the rights of a holder; or (3) [a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 or s[ection] 673.4181(4).” § 673.3011, Fla....

...§ 671.201(21)(a), Fla. Stat. (2013). Thus, to be a holder, the instrument 3 must be payable to the person in possession or indorsed in blank. See § 671.201(5), Fla. Stat. (2013). HSBC did not qualify under section 673.3011(1) or (3)....

...It was not a holder of the note because the note is payable to Option One California, and there is no blank indorsement. HSBC failed to produce any evidence to prove its status as the holder of the note at trial. Indeed, HSBC admitted it was not a holder of the note. HSBC was thus left to enforce the note under section 673.3011(2) as a nonholder in possession of the instrument with the rights of a holder....

...Anderson v. Burson, 35 A.3d 452 (Md. 2011), is instructive. There, the court held that the plaintiff was a nonholder in possession and analyzed whether it had rights of enforcement pursuant to a Maryland statute that employs the same language as section 673.3011, Florida Statutes. Anderson, 35 A.3d at 462....

...if the entity meets certain conditions. The cause of action is the enforcement itself; section 673.3091 only sets forth special requirements if the plaintiff does not possess the instrument. This interpretation is bolstered by the language of section 673.3011, Florida Statutes. The statute defines a person entitled to enforce an instrument to include “[a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . . .” § 673.3011(3), Fla. Stat. Accordingly, sections 673.3011 and 673.3091 make clear that the right to enforce a lost note, in the foreclosure context, travels 5 with the breach that triggers the need to seek enforcement— default by a mortgagor....

...starting with the filing of a complaint demonstrating an entitlement to it. Deutsche Bank did not rely on section 71.011 in its foreclosure complaint. The complaint simply exercised Deutsche Bank’s right to enforce its promissory note due to the Mielkes’ default. Pursuant to section 673.3011, Deutsche Bank had to demonstrate that it was the proper holder of the note before they could foreclose on the Mielkes’ condominium. Since they did not possess the original note, Deutsche Bank had to demonstrate that it complied with section 673.3091 to show that it was the holder of the note pursuant to section 673.3011(3)....

...ruments. Because a foreclosure case is an action to enforce a negotiable instrument, standing in a foreclosure case is not based upon ownership of the note; it is based instead on whether the plaintiff is a “person entitled to enforce.” § 673.3011....

...”); Wells Fargo Bank, N.A. v. Morcom, 125 So. 3d 320, 322 (Fla. 5th DCA 2013) (“In the present case, the original note Appellant attached was endorsed in blank with Appellant’s name stamped in the blank endorsement field, which, paired with section 673.3011(1), established that Appellant was the holder entitled to enforce the instrument.”); McLean v....

...Deutsche Bank, 170 So.3d 938, 940 (Fla. 5th DCA 2015) (citations omitted). “[A] party’s standing is determined at the time the lawsuit was filed.” McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012). This court has previously determined: Under section 673.3011, Florida Statutes (2013), a person entitled to enforce the ....

... (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4). § 673.3011, Fla....

...Standing to foreclose must be demonstrated with competent, substantial evidence at the time of filing the lawsuit. See § 702.015, Fla. Stat. (2013); Fla. R. Civ. P. 1.115.; McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012). Under section 673.3011, Florida Statutes (2013), negotiable instruments may be enforced by a holder, a non-holder in possession who has the rights of the holder, or a person not in possession who nevertheless is entitled to enforce the note....

...JP Morgan Chase Bank Nat.'l Ass'n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012)). In Gonzalez v. BAC Home Loans Servicing, L.P., 180 So. 3d 1106 (Fla. 5th DCA 2015), we explained: 3  The requirements for standing are provided in section 673.3011, Florida Statutes, (2009), as follows: The term “person entitled to enforce” an instrument means: (1) The holder of the instrument; (2) A nonholder in possession of the instrum...

...4th DCA 2013) (explaining that “the one who owns or holds the note is entitled to foreclose”); Mazine v. M & I Bank, 67 So. 3d 1129, 1131 (Fla. 1st DCA 2011) (“[T]he person having standing to foreclose a note secured by a mortgage may be . . . a nonholder in possession of the note who has the rights of a holder.”); § 673.3011, Fla....

...Becker, 211 So.3d 142 , 2017 WL 514340 , (Fla. 4th DCA Feb. 17, 2017) (citations and internal quotation marks omitted). Importantly, a holder is entitled to enforce a note even if it “is not the owner of the instrument or is in wrongful possession of the instrument.” § 673.3011, Fla....

...In doing so, JPMorgan established that it had possession of the Note indorsed in blank at the time it filed suit and, therefore, established that it had standing as holder of the Note. Becker, 211 So.3d at 144 . The fact that another entity may have been the owner of the Note has no bearing on JPMorgan’s status as holder. § 673.3011, Fla....

..."The person asserting the right to enforce" is defined as: (1) The holder of the instrument; (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4). [2] § 673.3011, Fla....

...Id. The UCC provides that a “person entitled to enforce” a negotiable instrument means the holder of the instrument, a non-holder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce. § 673.3011(1)-(3), Fla....

entitled to enforce the note, pursuant to section 673.3011, Florida Statutes, continued to be a contested

...1 accepted as true at this stage of the proceeding—that RMS is the servicer of the loan, the holder of the note, and the assignee of the note and mortgage. See Deutsche Bank Nat’l Trust Co. v. Lippi, 78 So. 3d 81 (Fla. 5th DCA 2012); see also § 673.3011, Fla....

[was] entitled to foreclosure pursuant to Florida Statute 673.3011(1)." A copy of the promissory note

...3d at 888-89: Because a foreclosure case is an action to enforce a negotiable instrument, standing in a foreclosure case is not based upon ownership of the note; it is based instead on whether the plaintiff is a “person entitled to enforce.” § 673.3011....

...nt was placed on note); Perez, 174 So.3d at 491 (testimony of employee of loan servicing company not sufficient to prove date of undated, blank in-dorsement; PSA not sufficient proof that trustee held indorsed note on date complaint filed); see also § 673.3011, Fla....

...required to have “appropriate possession” of the note in order to enforce the instrument, this reasoning is flawed as a holder is entitled to enforce a note even if it “is not the owner of the instrument or is in wrongful possession of the instrument.” § 673.3011, Fla....

...A person entitled to enforce the note and foreclose on a mortgage includes a person not in possession of the note who is entitled to enforce under section 673.3091, Florida Statutes. Gorel v. Bank of N.Y. Mellon, 165 So. 3d 44, 46 (Fla. 5th DCA 2015) (citing § 673.3011, Fla....

...3d 187, 189 (Fla. 2d DCA 2016) (en banc). A substituted plaintiff acquires only the standing of the original plaintiff. Id. This court in St. Clair v. U.S. Bank National Association, 173 So. 3d 1045, 1046 (Fla. 2d DCA 2015), stated: Under section 673.3011, Florida Statutes (2014), a person entitled to enforce a negotiable instrument must be either: (1) the holder of the instrument, (2) a "nonholder in possession of the instrument who has the r...

...nonholder in possession of the note who has the rights of a holder; or (3) a person or entity who is not in possession of the note because the note has been lost or was mistakenly surrendered or canceled as paid, but who has the status of a holder. § 673.3011, Fla....

...As can be seen from the statutory requirements, the person or entity entitled to enforce the note must have the rights of a holder. The Florida UCC specifically provides that a person may be entitled to enforce a note “even though the person is not the owner of the instrument or is wrongful possession of the instrument.” § 673.3011, Fla....

...Section 673.3081(2), Florida Statutes (2010), provides (2) If the validity of signatures is admitted or proved[,] . . . a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under s. 673.3011, unless the defendant proves a defense or claim in recoupment. § 673.3081(2), Fla....

...r than the plaintiff filing suit. In such case, documentation or evidence regarding ownership, assignment, or transfer of the note must prove the plaintiff has the rights of a holder. §§ 671.201(21); 671.2011(1); 673.2031(1), (2), and (3); 673.3011(2); and 673.3081(2), Fla....

...secured by a mortgage be transferred without any formal assignment of the mortgage, or even a delivery of it, the mortgage in equity passes as an incident to the debt, unless there be some plain and clear agreement to the contrary ....”); see also § 673.3011(1), Fla....

...Bank National Association, as Trustee of Mastr Adjustable Rate Mortgages Trust 2006-OA2. *797 Accordingly, the order on appeal is affirmed. FERNANDEZ, J., concurs. . In a subsequently filed verified amended complaint, U.S, Bank alleged that it was the holder of this note entitled to enforce it pursuant to section 673.3011 of the Florida Statutes,

...On November 1, 2018, the Bank of New York Mellon, as Trustee for the Trust that became the owner of the loan during the securitization process, filed the instant foreclosure action. The operative complaint alleged the Trust was “entitled to enforce the Promissory Note as the owner and holder, pursuant to Section 673.3011, 3 Florida Statutes.” The note contained an indorsement in blank....

...Washington Mutual Bank, FA by Cynthia Riley, Vice President.”1 Referring to the attachment, the Plaintiff Trust alleged it was “the holder in possession of the blank-endorsed original Note and Mortgage at the time this action was commenced on December 22, 2016, and pursuant to section 673.3011, 1 Although either is acceptable, we use “indorsement” rather than “endorsement” because that spelling is adopted by Florida’s Uniform Commercial Code under Chapter 673 of the Florida Statutes....

...Additionally, the case law frequently fails to emphasize that promissory notes are a special specie of contracts, involving a special set of legal principles. For example, a person who does not properly obtain ownership of a blank indorsed note can enforce it because he or she is in possession of it. See § 673.3011, Fla....

the instrument who has the rights of a holder. § 673.3011, Fla. Stat. (2008). The representative testified

...per holder of the note and mortgage. Aurora did not submit a written assignment of the mortgage, and Aurora was not the original mortgagee. Nonetheless, the court found Aurora was the holder of the note entitled to enforce its terms under Fla. Stat. § 673.3011, and thus could foreclose on the mortgage, because it provided sufficient evidence of its purchase of the debt underlying the mortgage: possession of the original note endorsed in blank....

...To prove standing in a mortgage foreclosure case, the plaintiff must prove its status as a holder of the note, a non-holder in possession of the note who has the rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091 or section 673.4181(4), Florida Statutes. § 673.3011, Fla....

...red. The “person entitled to enforce” a negotiable instrument is, for the purposes of the matter at hand, either: (1) the holder of the instrument; or (2) a nonholder in possession of the instrument who has the rights of a holder. See Fla. Stat. § 673.3011 (1), (2)....

...I, 1 and ¶8. Possession of the Note here is crucial because the Note is indorsed in blank. Because Deutsche Bank, through Nationstar, is in possession of the Note indorsed in blank, Deutsche Bank is. the holder of the Note. Pursuant to Fla. Stat. *614 § 673.3011 (1), the .holder of the Note is entitled to enforce the Note....

...a “holder in due course.” Deutsche is correct that a party holding a note may, in limited circumstances, enforce a note not endorsed to it specifically. But in Deutsche’s case, possession of the note alone was not enough. *827 Florida Statute § 673.3011 defines the “person entitled to enforce” a negotiable instrument 19 as: (1) The holder of the instrument; (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person not in possession of the instrum...

...non-holder in possession of the note who has the rights of a holder; or (3) a person or entity who is not in possession of the note because the note has been lost or was mistakenly surrendered or canceled as paid, but who has the status of a holder. § 673.3011, Fla....

...5th DCA 2001) (“In order for an instrument to be negotiable under the UCC, it must contain an unconditional promise to pay a sum certain.”). Hanna argues that because the note was not negotiable, the bank could not establish its standing as the holder of the instrument pursuant to section 673.3011(1), Florida Statutes (2016). See Murray v. HSBC Bank USA, 157 So. 3d 355, 358 (Fla. 4th DCA 2015) (recognizing that pursuant to section 673.3011, Florida Statutes, the “holder of the instrument” may enforce an instrument, and that pursuant to section 671.201(21)(a), Florida Statutes, a “holder” is a “person in possession of a negotiable instrument that is payable ei...

...5th DCA 2001) ("In order for an instrument to be negotiable under the UCC, it must contain an unconditional promise to pay a sum certain."). Hanna argues that because the note was not negotiable, the bank could not establish its standing as the holder of the instrument pursuant to section 673.3011(1), Florida Statutes (2016). See Murray v. HSBC Bank USA , 157 So.3d 355 , 358 (Fla. 4th DCA 2015) (recognizing that pursuant to section 673.3011, Florida Statutes, the "holder of the instrument" may enforce an instrument, and that pursuant to section 671.201(21)(a), Florida Statutes, a "holder" is a "person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession")....

...5th DCA 2001) ("In order for an instrument to be negotiable under the UCC, it must contain an unconditional promise to pay a sum certain."). Hanna argues that because the note was not negotiable, the bank could not establish its standing as the holder of the instrument pursuant to section 673.3011(1), Florida Statutes (2016). See Murray v. HSBC Bank USA , 157 So.3d 355 , 358 (Fla. 4th DCA 2015) (recognizing that pursuant to section 673.3011, Florida Statutes, the "holder of the instrument" may enforce an instrument, and that pursuant to section 671.201(21)(a), Florida Statutes, a "holder" is a "person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession")....

...holder in possession of the instrument who has the rights of a holder; or (3)[a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 or s[ection] 673.4181(4).” § 673.3011, Fla....

...In Murray, we held that the lender, HSBC, had not proved standing where it had alleged that it was a nonholder in possession of the note and mortgage, because it did not prove that each prior transfer of the note conferred the right to enforce it: HSBC was thus left to enforce the note under section 673.3011(2) as a nonholder in possession of the instrument with the rights of a holder....

...232, 35 A.3d 452 (2011), is instructive. There, the court held that the plaintiff was a nonholder in possession and analyzed whether it had rights of enforcement pursuant to a Maryland statute that employs the same language as section 673.3011, Florida Statutes. Anderson, 35 A.3d at 462....

...e instrument; 2) [a] nonholder in possession of the instrument who has the rights of a holder; or 3) [a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 or s[ection] 673.4181(4).” § 673.3011, Fla....

...in possession.” § 671.201(21)(a), Fla. Stat. (2014). 5 person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.” § 673.3011, Fla....

...It argues the 2008 PAA and a 2014 assignment of mortgage proved ownership. We disagree. To prove its standing to foreclose, JPMorgan would have to prove it was “[a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 or s[ection] 673.4181(4).” § 673.3011(3), Fla. Stat. “[N]othing in [section 673.3011] allows an ‘owner’ to enforce the note without possession, except where the instrument is lost or destroyed.” Snyder v....

...erson seeking to reestablish cannot reasonably obtain possession of the note. These may be established by affidavit or by testimony. In this case, Fannie Mae relied on testimony and documents. A note’s holder has standing to enforce the note. § 673.3011(1), Fla. Stat....

...Under the UCC, a “person entitled to enforce” a negotiable instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce. § 673.3011(1)–(3), Fla....

...2d 284, 286 (Fla. 2d DCA 1971). As applied to foreclosure cases, standing has been deemed to require (loosely stated) that the claimant seeking a foreclosure judgment have the right to enforce the note secured by the mortgage it seeks to foreclose. See § 673.3011, Fla....

...Contrary to the Johnsons' contention, Nationstar did not *811 have to show that Wells Fargo had formally transferred the note to it; Nationstar's physical possession of the blank-indorsed note was sufficient to establish its status as the holder. Cf. § 673.3011, Fla....

...Contrary to the Johnsons' contention, Nationstar did not have to show that Wells Fargo had formally transferred the note to it; Nationstar's physical possession of the blank-indorsed note was sufficient to establish its status as the holder. Cf. § 673.3011, Fla....

owned note at time complaint was filed). Under section 673.3011, Florida Statutes (2010), a person entitled

...person in possession or indorsed in blank.” Murray v. HSBC Bank USA, 157 So. 3d 355, 358 (Fla. 4th DCA 2015) (citing § 671.201(5), Fla. Stat. (2009)). A plaintiff also may establish standing as a nonholder in possession with the rights of a holder. Id. at 357–58 (citing § 673.3011(2), Fla....

...the rights of a holder because the FDIC was the successor to “all rights, 1 There was also no evidence that Chase was “[a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4).” § 673.3011(3), Fla....

...the case was tried but also when the case was filed. May, 150 So. 3d at 248-49. In the mine-run foreclosure case that comes to this court, the plaintiff's standing to enforce the note and mortgage hinges on whether the plaintiff is the holder of the note. See § 673.3011(1), Fla....

...pit stop in this court—the case went to trial in July 2015.4 The bank presented the testimony of an 3 The bank has not specifically contended that it was a nonholder in possession with the rights of a holder under section 673.3011(2) for the purposes of standing....

... Our review of the sufficiency of a plaintiff’s evidence to prove standing to foreclose a mortgage is de novo. Ham v. Nationstar Mortg., LLC, 164 So. 3d 714, 717 (Fla. 1st DCA 2015). A plaintiff has standing if it is the holder of the instrument. § 673.3011, Fla....

...e instrument; 2) [a] nonholder in possession of the instrument who has the rights of a holder; or 3) [a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 or s[ection] 673.4181(4).” § 673.3011, Fla....

...(2014); see Mazine v. M & I Bank, 67 So. 3d 1129, 1131 (Fla. 1st DCA 2011). “A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.” § 673.3011, Fla....

...It argues the 2008 PAA and a 2014 assignment of mortgage proved ownership. We disagree. To prove its standing to foreclose, JPMorgan would have to prove it was “[a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 or s[ection] 673.4181(4).” § 673.3011(3), Fla. Stat. “[N]othing in [section 673.3011] allows an ‘owner’ to enforce the note without possession, except where the instrument is lost or destroyed.” Snyder v....

...older in possession of the instrument who has the rights of a holder; or (3) [a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 or s[ection] 673.4181(4).” § 673.3011, Fla....

...Chase, however, claims that it proved its ownership and right to foreclose through the purchase agreement between FDIC, WAMU, and Chase. We disagree and conclude that there is no competent substantial evidence that Chase possessed the note at the time it filed suit. Section 673.3011, Florida Statutes (2009), provides who may enforce a negotiable instrument, such as the notes, in most foreclosure cases: The term “person entitled to enforce” an instrument means: (1) The holder of the instrument;...

-5- note. See § 673.3011, Fla. Stat. (2010) (defining "person entitled

...Id. The UCC provides that a “person entitled to enforce” a negotiable instrument means the holder of the instrument, a non-holder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce. § 673.3011(1)-(3), Fla....

...Section 559.715 requires no action by the creditor or the note holder. 2 It. in no way impacts or limits the *922 right of the note holder to file a foreclosure lawsuit. 3 The right of the note holder to enforce the note exists regardless of an assignment to bill and collect the debt. See § 673.3011(1); Brindise v....

...Bank Nat’l Ass’n, 183 So.3d 1215, 1219 (Fla. 2d DCA), review denied, No. SC16-300, 2016 WL 1122325 (Fla. Mar. 22, 2016). 4 That is, the right to file “an action to collect the debt” does not rest solely with the assign-ee of the right to bill and collect. Cf. § 673.3011 (identifying the three categories of persons entitled to enforce a note); Rodriguez, 178 So.3d at 64 (concluding that the plaintiff failed to establish standing where it failed to introduce a power of attorney, pooling and servicing agree...

...y, the note holder. See Brindise, 183 So.3d at 1219 . Concluding that the assignee of the right to bill and collect the debt is the only real party in interest would run afoul of Florida law that the note holder has standing to enforce the note. See § 673.3011(1); Brindise, 183 So.3d at 1219 ....

...sferred serve different functions,”). That is, the holder may not be the owner of the note. And Florida's UCC specifically provides that enforcement of a 'note is not dependent on ownership. Rodriguez, 178 So.3d at 66 (Conner, J., concurring); see § 673.3011; Snyder v....

...4th DCA 2016) (“We review the sufficiency of the evidence to prove standing to bring a foreclosure action de novo.”) (citation omitted). We agree with the note owner’s arguments. The Uniform Commercial Code provides that a promissory note, as a negotiable instrument, is enforceable by the holder. § 673.3011(1), Fla....

...material fact. In Harvey v. *302 Deutsche Bank National Trust Co., 69 So.3d 300, 303 (Fla. 4th DCA 2011), we explained that the person entitled to enforce a negotiable instrument such as a note is the “ ‘holder of the instrument.’ ” (quoting § 673.3011, Fla....

...3d 275, 278–79 (Fla. 4th DCA 2018). One way a foreclosure plaintiff may establish standing is by proving that the borrower’s note is lost and that the plaintiff is entitled to enforce the lost note pursuant to section 673.3091, Florida Statutes. § 673.3011(3), Fla....

...nt claim. The fact that the note was subsequently discovered did not preclude plaintiff’s right to foreclose due to a lost note, because through the chain of endorsements, plaintiff proved that it was entitled to enforce the note and mortgage. See § 673.3011, Fla. Stat....

...(2018) (“The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure of a plaintiff's status and the facts supporting that status, thereby ensuring the availability of documents necessary to the prosecution of the case.”) See also § 673.3011, Fla....

...140, 143 (1938)) (“[A] mortgage is but an incident to the debt, the payment of which it secures, and its ownership follows the assignment of the debt.”). Stated another way, the one entitled to enforce the debt is the one entitled to foreclose on the mortgage. Section 673.3011, Florida Statutes (2013), defines who may enforce a negotiable instrument and enforce payment of the debt: The term “person entitled to enforce” an instrument means: (1) The holder of the instrument; (2) A no...

...673.4181(4) [payment or acceptance by mistake]. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. (emphasis added). The last sentence of section 673.3011 makes it clear that possession of the instrument is more important than ownership of the instrument in terms of having the right to enforce payment on the instrument.4 Also relevant to the analysis is section 671.201(21), Florida Statutes (2013), which defines who is considered a holder of a negotiable instrument: (21) “Holder” means: (a) The person in possession of a negotiable instrument that is 4 Although not discussed in case law, it appears section 673.3011 significantly narrows the scope of application of Florida Rule of Civil Procedure 1.210(a) (real party in interest) by focusing on who has possession, rather than ownership, of the negotiable instrument at the time suit is filed....

...It is unclear whether Chase is “the holder” of the note or “a nonholder in possession of the note who has the rights of a holder.” Overlooking that ambiguity, it appears Chase attempted to allege entitlement to enforce the note under two statutory subsections: subsections 673.3011(1) and (2), Florida Statutes....

...In essence, the allegation is more a conclusory statement than a statement of ultimate fact.6 5 This statement assumes the mortgage note was not lost or paid or accepted by mistake, in which case enforcement without possession is allowed under section 673.3011(3), Florida Statutes. 6 Although Florida Rule of Civil Procedure Form 1.944 provides for the simple allegation “Plaintiff owns and holds the note and mortgage,” the paragraph immediately preceding that statement in the form also states that a copy of the note and mortgage are attached....

...instrument, possession is assumed when one is a holder. § 671.201(21), Fla. Stat. (2014); see also Black’s Law Dictionary (9th ed. 2009). In contradistinction, a “nonholder,” by definition, does not require possession of the instrument. See §§ 673.3011(1) and (2), Fla....

...The application of the legal principle that standing must be raised by affirmative defense, when the defense is contesting whether the plaintiff has pled the predicate facts to show entitlement to enforce the claim and obtain a judgment, appears to me, quite frankly, unjust. Section 673.3011 makes it clear that entitlement to enforce a mortgage note depends on possession of the note, not an ownership interest in the note, and section 671.201(21) makes it clear that one cannot be a holder of the mortgage note unless the n...

...The endorsement on the note was undated, no assignments of mortgage were introduced, and the bank representative had no knowledge of when Taylor Bean acquired the note and mortgage. Although BAC argues that its predecessor, Taylor Bean, had standing under section 673.3011(2), Florida Statutes, to enforce a negotiable instrument, we disagree that it proved such standing....

entitlement to enforce the instrument under § 673.-3011, unless the defendant proves a defense or claim

...To prove standing, a party must show that it is “(1) [t]he holder of the instrument; (2) [a] nonholder in possession of the instrument who has the rights of a holder; or (3) [a] person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4).” See § 673.3011, Fla....

...The assignor divested itself of any interest in the Brindises' mortgage loan. U.S. Bank alleged and proved that it held the note at the time it filed suit. On appeal, the Brindises do not challenge U.S. Bank's standing. Florida law is clear that the note holder has the right to foreclose. See § 673.3011(2), Fla....

...the claimant at the time the proceeding is commenced that the claimant is the holder of the original note secured by the mortgage; or (2) allege with specificity the factual basis by which the claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes. (b) – (c) [No change] (d) Lost, Destroyed, or Stolen Instrument....

...is/are as follows ........... (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of .....(name of non-holder)....., who is not the holder but is entitled to enforce the note under section 673.3011(2), Florida Statutes, because .....(allege specific facts).........

...They must be added when appropriate. A copy of the note and mortgage must be attached. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013) and rule 1.115. It is also designed to conform to section 673.3011, Florida Statutes (2013), except that part of section 673.3011, Florida Statutes, which defines a person entitled to enforce an instrument under section 673.3091, Florida Statutes....

...Additionally, the case law frequently fails to emphasize that promissory notes are a special specie of contracts, involving a special set of legal principles. For example, a person who does not properly obtain ownership a blank indorsed note can enforce it because he or she is in possession of it. See § 673.3011, Fla....

...rtgage because they did not constitute 100% of those identified as payees under the terms of the instrument. The plain meaning of the applicable statutes supports this argument. Two sections of chapter 673, Florida Statutes (2006), govern this case. Section 673.3011 defines who may enforce an instrument: The term "person entitled to enforce" an instrument means: (1) The holder of the instrument; *726 (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person...

...5th DCA 2013) (reversing a final summary judgment of foreclosure where material questions of fact existed as to whether the plaintiff was the owner and holder of the note). The requirement of holding a note as proof of standing derives from the Florida Uniform Commercial Code. See § 673.3011(1), Fla....

...and when it does, the principal constructively possesses the commercial paper. Therefore, where an agent holds a mortgage note on behalf of its principal, the principal has constructive possession of the note and standing to file a complaint for foreclosure as a holder under section 673.3011(1). C. Applying this principle, we now turn our attention to the evidence presented below that Deutsche Bank constructively held the note through its agent, Wells Fargo,...

...JP Morgan Chase Bank Nat’l Ass'n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012). We review de novo the trial court's finding as to standing. Gorel v. Bank of N.Y. Mellon, 165 So. 3d 44, 46 (Fla. 5th DCA 2015). To establish standing to foreclose under section 673.3011, Florida Statutes (2012), a party must be: the holder of the note; a non-holder in possession of the note who has the rights of a holder; or a person not in possession of the note who is entitled to enforce under section 673.3091, Florida Statutes (2012)....

3d 355, 358 (Fla. 4th DCA 2015) (quoting § 673.3011, Fla. Stat. (2013)). A “holder” is “[t]he

...in possession of the note who has the rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091, Florida Statutes." Gorel v. Bank of N.Y. Mellon, 165 So. 3d 44, 46 (Fla. 5th DCA 2015) (citing § 673.3011, Fla....

...4 In addition to proving to whom the note was payable or a transfer of the instrument that establishes entitlement to an indorsement, evidence must be presented that the initial plaintiff had possession of the note at the time suit was filed. See § 673.3011, Fla....

...CitiMortgage, Inc. subsequently transferred all rights in the note and mortgage to PennyMac Corp. 5. PennyMac Corp. is entitled to enforce the mortgage and mortgage note pursuant to Florida Statutes § 673.3011(3) as a person not in possession of the instrument who is entitled to enforce the instrument....

...establish its entitlement to enforce the note. PennyMac had to establish that CitiMortgage had standing when the complaint was filed and its own standing when the final judgment was entered. See Lamb v. Nationstar Mortg., LLC, 174 So. 3d 1039, 1040 (Fla. 4th DCA 2015). Section 673.3011, Florida Statutes (2012), addresses the question of how one may qualify as a person entitled to enforce an instrument: The term "person entitled to enforce" an instrument means: (...

...(2012). "To hold a note under the Uniform Commercial Code ordinarily connotes possession of the document itself." Phan v. Deutsche Bank - 13 - the theory advanced in the complaint that it qualified under section 673.3011(3) as a person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 673.3091....

...It would be perfectly consistent for the Bank to have been the owner of the note (the entity with an equitable interest) without being the holder (the entity in possession of a blank-indorsed note). Indeed, the Florida Statutes contemplate such a possibility. See § 673.3011, Fla....

...The UCC provides that a “person entitled to enforce” a negotiable instrument means the holder of the instrument, a non-holder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce. § 673.3011(1)-(3), Fla....

...We are required to reverse because, as has become far too common in residential foreclosure cases, the plaintiff that took the case to trial—Wilmington Savings Fund Society, FSB, which was neither the original lender nor the original plaintiff—failed to present legally sufficient evidence that it had standing under section 673.3011, Florida Statutes (2016), to enforce the promissory note upon which this foreclosure action is based.1 The already expansive body of foreclosure law in Florida will not benefit from another long opinion that details...

...The party seeking to foreclose on a loan bears the burden of proving that it has standing to bring the action at the time the complaint is filed. See Boyd v. Wells Fargo Bank N.A., 143 So.3d 1128, 1129 (Fla. 4th DCA 2014). The requirements for standing are provided in section 673.3011, Florida Statutes, (2009), as follows: The term “person entitled to enforce” an instrument means: (1) The holder of the instrument; (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person n...

...ho is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. § 673.3011, Fla. Stat. GreenTree argues that it proved its standing as the note holder by filing the original note indorsed to (blank) and through witness testimony. This argument would place GreenTree under subsection (1) of section 673.3011 because the statutes define a “holder” as: “The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession -” § 671.201(21)(a), Fla....

...may be negotiated by transfer of possession alone.” Following transfer of possession, the holder of the instrument or a “nonholder in possession of the instrument who has the rights of a holder” is entitled to enforce the instrument. See § 673.3011, Fla....

...By entering the blank endorsed note into evidence, Nationstar established that, at the time of trial, it was the holder of the instrument entitled to enforcement, and—as the instrument’s holder—Nationstar was the party to whom Faramarz remained obligated. See § 673.3011, Fla....

...expressly made by the claimant at the time the proceeding is commenced that the claimant is the holder of the original note secured by the mortgage; or (2) allege with specificity the factual basis by which the claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes. (b) Delegated Claim for Relief....

...CopiesA copy of the note and mortgage must be attached. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013) and rule 1.115. It is also designed to conform to section 673.3011, Florida Statutes (2013), except that part of section 673.3011, Florida Statutes, which defines a person entitled to enforce an instrument under section 673.3091, Florida Statutes....

...More than a year after completion of his active military service, the borrower defaulted by failing to make his monthly payment. On November 14, 2012, the bank filed a foreclosure action against the borrower. It alleged that it was entitled to enforce the note, pursuant to section 673.3011(1), Florida Statutes....

...Nevertheless, the borrower argues the three assignments of mortgage, one of which assigned the note and mortgage to Maxim, show the bank lacked standing. This argument is without merit. Even though the bank assigned the note and mortgage to Maxim, the bank met the holder requirements under section 673.3011(1), Florida Statutes. “A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.” § 673.3011, Fla....

...Rose, for appellant. Genovese Joblove & Battista, P.A., and Richard Sarafan, W. Barry Blum and Joseph B. Isenberg, for appellee. Before EMAS, SCALES and MILLER, JJ. PER CURIAM.  Affirmed. See Nat’l Mortg. Ass’n v. McFadyen, 194 So. 3d 418, 419-20 (Fla. 3d DCA 2016) (citing section 673.3011 of the Florida Statutes, observing that “[p]romissory notes are, by definition, negotiable instruments which, by law, may be enforced by a holder, a nonholder in possession who has the rights of the holder, or a person not in po...

...3d at 888-89: Because a foreclosure case is an action to enforce a negotiable instrument, standing in a foreclosure case is not based upon ownership of the note; it is based instead on whether the plaintiff is a “person entitled to enforce.” § 673.3011....

...3d 620, 622 (Fla. 4th DCA 2016). Under the UCC, a “person entitled to enforce” a negotiable instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person entitled to enforce a lost note. § 673.3011(1)–(3), Fla....

...transferor and is not a nonholder in possession of the instrument with the rights of a holder to enforce.” Cox v. U.S. Bank Tr. N.A., 291 So. 3d 1026, 1031–32 (Fla. 4th DCA 2020). Deutsche Bank had standing to bring the foreclosure action. See § 673.3011(1)–(3)....

...A person entitled to enforce an instrument is either the “holder of the instrument,” the “nonholder in possession of the instrument who has the rights of a holder” or “[a] person not in possession of the instrument who is entitled to enforce the instrument .... ” § 673.3011, Fla....

...A person entitled to enforce an instrument is either the “holder of the instrument,” the “nonholder in possession of the instrument who has the rights of a holder” or “[a] person not in possession of the instrument who is entitled to enforce the instrument . . . .” § 673.3011, Fla....

...that cannot be found or is not amendable to sendee of process. § 673.3091(1), Fla. Stat. (2014). Under the first requirement of section 673.3091(1), Nationstar had to prove that it was entitled to enforce the note when loss of possession occurred. Section 673.3011, Florida Statutes (2014), defines a person entitled to enforce an instrument as “(1) The holder of the instrument; (2) A non-holder in possession of the instrument who has the rights of a holder; or (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4).” § 673.3011, Fla....

...enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. § 673.3011, Fla....

...(2015). Fannie Mae’s claim below was that it was entitled to enforce the Probert promissory note although not in possession of it. It therefore had to satisfy the requirements detailed in section 673.3091 of the Florida Statutes to prevail. See § 673.3011(3), Fla....

...or otherwise indicates that it is not payable to an identified person.”); § 673.1091(3), Fla. Stat. 9  The requirement of holding a note as proof of standing derives from the Florida Uniform Commercial Code. See § 673.3011(1), Fla....

...10 See Phan, 41 Fla. L. Weekly at D517 (confirming that “where an agent holds a mortgage note on behalf of its principal, the principal has constructive possession of the note and standing to file a complaint for foreclosure as a holder under section 673.3011(1).”); Caraccia v....

...dence to establish that all times material it was in constructive possession of the bearer note at issue here, and thus was a the holder with the right to enforce the note at the time the original was lost, it satisfied all of the requirements of section 673.3011 and section 673.3091 and had standing to enforce the Probert note when the instant foreclosure action was filed.6 In reaching this determination, we reject the trial court’s reliance on the Fourth District’s decision in Seffar to reach a different result. That case turned on a plaintiff’s inability to prove that it was the holder of the note at issue under section 673.3011(1) of the Florida Statutes because there was no proof that a blank allonge, produced some nine months after the complaint was filed, was ever 6We also note that Fannie Mae represented on the record that it will indemnify and hold M...

...11 affixed to or made part of the promissory note so as to establish that the plaintiff was entitled to enforce the note as is required. Seffar, 160 So. 3d at 125.7 The plaintiff there also alternatively failed to establish standing under section 673.3011(2) as a nonholder in possession of the instrument with the rights of a holder. Id. By contrast, as already set forth herein, this matter concerns application of section 673.3011(3) and involves indorsements affixed to the same page of the promissory note which bears the borrower’s signature....

...Sometime thereafter, Bank filed the original note with the Clerk of the Circuit Court. The original note had the same indorsements as the copy of the note attached to the complaint. At this point, absent conflicting evidence at trial, Bank had established standing to file suit and its entitlement to enforce the note. See § 673.3011(1), Fla....

...Mellon, 165 So.3d 44, 46 (Fla. 5th DCA 2015). A party seeking *419 foreclosure must prove by competent, substantial evidence that it had standing to foreclose at the time it filed its complaint. Schmidt v. Deutsche Bank, 170 So.3d 938, 940 (Fla. 5th DCA 2015). Under section 673.3011, Florida Statutes (2012), the holder of a note has standing to foreclose....

..., successfully granting HSBC holder status at the time of filing the complaint. See § 671.201(21); Gorel, 165 So.3d at 46 . Therefore, the trial court correctly granted judgment in HSBC’s favor after finding that it had standing to foreclose. See § 673.3011....