Chapter 4-5 Prima Facie Evidence of Standing

• Jurisdiction: Florida

4-5 Prima Facie Evidence of Standing

Prima facie evidence of standing at the inception of the case exists, absent any testimony or evidence to the contrary, where the copy of the note attached to the plaintiff's initial complaint contains an indorsement that would provide the plaintiff with standing to foreclose and the original note in the same condition is later filed with the court.⁴³ This prima face evidence of standing exists where the loan numbers appearing on the copy of the note attached to the plaintiff's initial complaint are redacted in accordance with Fla. R. Jud. Admin. 2.425(a)(4)(I), and there is an explanation of the difference between the copy and the original.⁴⁴

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Notes:

^[43] In Ortiz v. PNC Bank, N.A., 188 So. 3d 923, 925 (Fla. 4th DCA 2016), the trial court entered judgment in favor of the defendant at trial in part because the bank's witness was unable to testify that the bank had physical possession of the note at the time the complaint was filed. The Fourth District reversed the judgment, holding that while the fact that a copy of a note is attached to a complaint does not conclusively or necessarily prove that the bank had actual possession of the note at the time the complaint was filed, if the bank later files with the court the original note in the same condition as the copy attached to the complaint, the combination of such evidence is sufficient to establish that the bank had actual possession of the note at the time the complaint was filed and, therefore, had standing to bring the foreclosure action, absent any testimony or evidence to the contrary. The Ortiz opinion followed Clay Cty. Land Tr. #No. 08-04-25-0078-014-27, Orange Park Tr. Servs. v. JP Morgan Chase Bank,...