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Foreclosure Defense Florida

Almond v. Bayview- NO SUMMARY JUDGMENT WHEN DISCOVERY OUTSTANDING!

In Brandauer v. Publix Super Markets, Inc., 657 So. 2d 932, 933 (Fla. 2d
DCA 1995), this court advised against entering summary judgment when the opposing
party has not completed discovery. Here, Almond informed the circuit court of the
outstanding discovery in its memorandum in opposition to summary judgment. Almond
argued that the deposition pertained to a question central to the validity of the suit,
namely whether Bayview Loan was the owner of the note and mortgage on the date it
filed suit. See Country Place Cmty. Ass’n, Inc. v. J.P. Morgan Mortg. Acquisition Corp.,
51 So. 3d 1176, 1179 (Fla. 2d DCA 2010) (noting that party lacks standing to file
foreclosure action if it does not own or possess note and mortgage when it files suit);
see also Progressive Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281,
1285 (Fla. 2d DCA 2005) (stating that party’s standing is determined at time suit is filed
and cannot be acquired after the fact).

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