On May 31, 2005, Ms. Bednarek executed a note and mortgage in favor of

American Brokers Conduit for the purchase of real property. Thereafter, the loan was

sold to Deutsche Bank. On March 30, 2006, American Brokers Conduit assigned the

mortgage to the bank’s servicing agent, AHMSI-Maryland. In September 2007, AHMSI-
Maryland filed a complaint for foreclosure, alleging it was the owner and holder of the

underlying promissory note. With the complaint and the amended complaint, AHMSI-
Maryland filed copies of the mortgage, the promissory note showing a blank

endorsement, and the 2006 assignment of mortgage. In April 2008, AHMSI purchased

AHMSI-Maryland, acquiring the company’s servicing rights. In 2009, AHMSI filed the

original note and mortgage with the trial court.

At the nonjury trial, AHMSI introduced the original note and mortgage into

evidence. AHMSI also presented the testimony of its foreclosure special assets

specialist, Krystal Kearse, who traced the history of the loan from its inception in 2005

when the loan was being serviced by its predecessor, AHMSI-Maryland, until AHMSI

received the documents to proceed with foreclosure proceedings. Ms. Kearse testified

that in purchasing AHMSI-Maryland, AHMSI acquired the servicing rights to all of

AHMSI-Maryland’s loans.

Here, because the note at issue is endorsed in blank, and because

AHMSI possessed the original note, its standing to foreclose is established from its

status as the note holder. See id.; see also BAC Funding Consortium, Inc.

ISAOA/ATIMA v. Jean-Jacques, 28 So. 3d 936, 938 (Fla. 2d DCA 2010) (“The proper

party with standing to foreclose a note and/or mortgage is the holder of the note and

mortgage or the holder’s representative.”); Mortg. Elec. Registration Sys., Inc. v. Azize,

965 So. 2d 151, 153 (Fla. 2d DCA 2007) (“The holder of a note has standing to seek

enforcement of the note.”). Accordingly, we reverse the involuntary dismissal of

AHMSI’s foreclosure action and remand for further proceedings.


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