So here’s the deal…let’s call it like one of the oldest principles of American law:
YOU CANNOT SUE SOMEONE UNTIL YOU HAVE THE RIGHT TO SUE!
WHOA! Stop the presses on that one! That’s the whole deal. That’s kind of a fundamental, but that’s a concept that’s been just totally ignored by the banksters in their rush to kick and beat up Americans. (Remember, the people that bailed them out.)
So anywhoo, Florida’s Second District Court of Appeals has consistently played by one set of rules….it’s called the Rule of Law…this just means that the court does not apply one set of rules and law to foreclosure cases, ignoring hundreds of years of substantive law because “it’s just foreclosure“. No, Florida’s Second District Court of Appeals once again tells us, we’re all equal under the law we apply in this court….
CONGRATULATIONS JACKIE MACK!
A cause of action must be complete before a party files a lawsuit. See
Trawick, Fla. Prac. and Proc., § 14:8 (2010 ed.); see also § 95.031(1), Fla. Stat. (2009).
Thus, even if U.S. Bank had properly amended its complaint to travel on the original
note endorsed in blank, it would have needed to prove the endorsement in blank was
effectuated before the lawsuit was filed.
