Florida 4th DCA Overturned A Lower Court Decision And Upheld MFI-Miami’s Argument That JPMorgan Chase Lacked Standing To Foreclose
The Florida 4th DCA handed down a ruling today favorable to an MFI-Miami client. The 4th DCA confirmed MFI-Miami’s findings that JPMorgan Chase lacked the standing to foreclose against Yosvani Alfonso.
The Florida 4th DCA or District Court of Appeals overturned the foreclosure ruling in favor of JPMorgan Chase. The 17th Judicial Circuit Court in Broward County ruled in favor of JPMorgan Chase in October of 2013.
Alfonso’s defense team headed by Attorney Craig Brand hired MFI-Miami. MFI-Miami proved the bank was not in possession of the note at the time they initiated the foreclosure. Yet, the Broward County judge who heard the case disagreed.
Alfonso’s attorney, Craig Brand then appealed the decision. The 4th DCA agreed with Brand and Dibert. JPMorgan Chase did not have possession of the note when the case was filed in 2010.
This leaves JPMorgan Chase with only one option. JPMorgan Chase will have to appeal the case to the Florida Supreme Court. This is highly unlikely because other DCAs have ruled the same way.
These pro-consumer rulings are now common place among the various District Court of Appeals throughout Florida. However, at the time that Craig Brand filed the appeal on behalf of Alfonso in 2013, very few attorneys were making these arguments.
It appears that the winds of change are blowing across the Florida peninsula. Foreclosures are down and now judges have time to actually review the merits of a case without the burden of clearing their docket of tens of thousands of foreclosure cases. This has allowed the courts to become more balanced in their handling of foreclosure cases.
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