In short: To foreclose in Florida, the plaintiff must be entitled to enforce the note, generally as the holder or a nonholder with a holder’s rights (§ 673.3011), and Florida courts require that standing to exist when the case is filed. For residential cases, § 702.015 requires the plaintiff to allege it holds the original note or explain specifically why it’s entitled to enforce it. Standing has to be raised and preserved in the trial court to matter on appeal.
In the last foreclosure crisis, standing was at the center of many Florida foreclosure appeals. Banks filed thousands of cases without the original note, with notes endorsed to someone else, or with assignments signed after the case was filed. Matt argued many of those appeals. This page collects real appellate arguments on standing, posted to the channel, so you can watch exactly how judges handle it.
For the basics, start with can the bank prove it owns your mortgage?
Who Can Foreclose: § 673.3011
A mortgage follows the note. The right to enforce the note belongs to a “person entitled to enforce” under § 673.3011:
“(1) The holder of the instrument; (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4).”
Standing Must Exist at Filing
Florida courts have long required the plaintiff to have standing when it files the complaint. A bank that acquires the note after filing can’t fix the problem by showing it owns it at trial. See McLean v. JP Morgan Chase Bank, N.A., 79 So. 3d 170 (Fla. 4th DCA 2012). The proof usually turns on endorsements on the note, when they were made, and when the plaintiff got physical possession.
The 2013 Statute: § 702.015
After the robo-signing scandals, the Legislature added pleading rules for residential foreclosures. The plaintiff must allege it “is the holder of the original note” or allege “with specificity the factual basis by which the plaintiff is a person entitled to enforce the note under s. 673.3011.” A plaintiff in possession must file a certification of possession, and a lost note claim requires a sworn affidavit attached to the complaint.
Preserve It or Lose It
The arguments below show a recurring point: appellate courts review the trial record. If standing isn’t raised in the answer, contested at trial with objections to the bank’s evidence, and preserved, the appeal can’t fix it.
Watch the Arguments, Then Read the Opinions
The videos below are recordings of oral arguments. An argument is not a decision. If a case matters to yours, read the written opinion and check whether later cases have changed the law.
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments in foreclosure cases, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
BOOM! Foreclosure Reversed…No Proof of Standing!
Foreclosure With NO Endorsement of Note- No Standing
OUTRAGE! The Bank MUST Produce Original Note in Foreclosure(NOT)
How To Defend Standing in a Foreclosure Case(Must Preserve Standing)
Foreclosure Standing — Bank’s Note Had No Endorsements When Suit Was Filed
Foreclosure Reversed — Original Lender Had No Proof It Held the Note at Filing
Standing in 2026
Standing fights are less common than they were in 2010 to 2015, in part because the 2013 statute front-loaded the proof. But they haven’t disappeared, especially with loans that have changed servicers or owners several times. If your complaint has a lost-note count, an unendorsed note, or a plaintiff you’ve never heard of, have a lawyer look closely.
Go Deeper
- Can the Bank Prove It Owns Your Mortgage?
- Ruffenach v. Deutsche Bank: All the Briefs
- The Default Letter Defense in Florida Foreclosures: Paragraph 22, HUD, and VA Pre-Suit Notice
- Served With a Foreclosure Lawsuit in Florida? The 20-Day Answer, the Lis Pendens, and Missed Dates
Frequently Asked Questions
What does standing mean in a Florida foreclosure?
The plaintiff’s legal right to enforce the note and mortgage. Under § 673.3011, that generally means the holder of the note, a nonholder in possession with the rights of a holder, or a person entitled to enforce a lost note.
Does the bank have to have standing when it files?
Yes. Florida appellate courts have long held that the plaintiff must have standing at the time the complaint is filed, not just at trial. See, for example, McLean v. JP Morgan Chase Bank, N.A., 79 So. 3d 170 (Fla. 4th DCA 2012).
Does the bank have to produce the original note?
Generally, a plaintiff seeking to enforce a negotiable note must surrender the original or establish a lost note under § 673.3091 and § 702.11. For residential cases, § 702.015(4) requires a plaintiff in possession to file a certification that it holds the original note.
Can I raise standing for the first time on appeal?
Generally no. Appellate courts review what was raised and proved in the trial court. Standing has to be pleaded, contested with evidence, and preserved at trial.
Talk to a Florida foreclosure defense lawyer
Weidner Law, P.A. has defended Florida homeowners in foreclosure for more than 25 years, from St. Petersburg. If you need a foreclosure defense lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: Chapter 702, Florida Statutes (Foreclosure of Mortgages and Liens) and Chapter 45 (Judicial Sales).
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
