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.
