Mazine v. M & I Bank, 67 So. 3d 1129 (Fla. 1st DCA 2011). · Go Syfert
Mazine v. M & I Bank, 67 So. 3d 1129 (Fla. 1st DCA 2011). Cases Citing This Book View Copy Cite
“the party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish standing to proceed with a foreclosure action.”
65 citation events (65 in the last 25 years) across 1 distinct court.
Strongest positive: Miguel Tilus, Alta Tilus, Rose A. Joaseus and Kesner Joaseus v. AS Michai LLC (fladistctapp, 2015-04-08)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Miguel Tilus, Alta Tilus, Rose A. Joaseus and Kesner Joaseus v. AS Michai LLC
Fla. Dist. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
he person having standing to foreclose a note secured by a mortgage may be ... a nonholder in possession of the note who has the rights of a holder.
discussed Cited as authority (verbatim quote) Mark Pennington v. Ocwen Loan Servicing, LLC (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
to establish standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question.
discussed Cited as authority (verbatim quote) Taylor v. Bayview Loan Servicing, LLC
Fla. Dist. Ct. App. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
the party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish standing to proceed with a foreclosure action.
discussed Cited as authority (rule) MARLYN TRACEY v. WELLS FARGO BANK N. A.
Fla. Dist. Ct. App. · 2019 · confidence medium
Co. v. Baker, 199 So. 3d 967, 968 (Fla. 4th DCA 2016) ("Where a foreclosure plaintiff presents evidence of the amount of damages under the loan, there is sufficient prima facie evidence of damages to preclude an -39- involuntary dismissal, even if the evidence of damages was based on inadmissible hearsay that was erroneously admitted at trial."); Webster, 155 So. 3d at 1220 (remanding for further proceedings when the only evidence of notice was inadmissible hearsay); Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011) (reversing and remanding for further proceedings after determinin…
discussed Cited as authority (rule) Aquasol Condo Assoc. v. HSBC Bank USA
Fla. Dist. Ct. App. · 2018 · confidence medium
Ass’n v. Knight, 90 So. 3d 824, 826 (Fla. 4th DCA 2012) (observing: “Thus, to have standing, an owner or holder of a note, indorsed in blank, need only show that he possessed the note at the institution of a foreclosure suit; the mortgage necessarily and equitably follows the note.”); McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170 (Fla 4th DCA 2012); Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932 (Fla. 4th DCA 2010); Mazine v. M & I Bank, 67 So. 3d 1129, 1131 (Fla. 1st DCA 2011) (“Because a promissory note is a negotiable instrument and because a mortgage provides the s…
discussed Cited as authority (rule) Aquasol Condo Assoc. v. HSBC Bank USA
Fla. Dist. Ct. App. · 2018 · confidence medium
Ass’n v. Knight, 90 So. 3d 824, 826 (Fla. 4th DCA 2012)(observing: “Thus, to have standing, an owner or holder of a note, indorsed in blank, need only show that he possessed the note at the institution of a foreclosure suit; the mortgage necessarily and equitably follows the note.”); McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170 (Fla 4th DCA 2012); Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932 (Fla. 4th DCA 2010); Mazine v. M & I Bank, 67 So. 3d 1129, 1131 (Fla. 1st 13 DCA 2011) (“Because a promissory note is a negotiable instrument and because a mortgage provides the…
discussed Cited as authority (rule) Bayview Loan Servicing, LLC v. Rita Kay
Fla. Dist. Ct. App. · 2017 · confidence medium
This witness need not have prepared the document, but “must be able to show each of the requirements for establishing a proper foundation.” Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Partridge v. Nationstar Mortgage, LLC
Fla. Dist. Ct. App. · 2017 · confidence medium
Issue 2: Standing “The party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish, standing to proceed with a foreclosure action.” Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (quoting Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011)).
discussed Cited as authority (rule) Evans v. HSBC Bank, USA, National Association
Fla. Dist. Ct. App. · 2017 · confidence medium
Although HSBC Bank did not have to present the testimony of the individual who actually prepared the payment history, “the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation.” Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011) (citing Forester v. Norman Roger Jewell & Brooks, 610 So.2d 1369, 1373 (Fla. 1st DCA 1992)).
discussed Cited as authority (rule) Linda G. Morgan v. The Bank of New York Mellon etc. (2×)
Fla. Dist. Ct. App. · 2016 · confidence medium
Under Florida law, “[t]he party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish standing to proceed with a foreclosure action.” Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011) (citing Servedio v. U.S. Bank Nat’l Ass’n, 46 So.3d 1105 (Fla. 4th DCA 2010)).
discussed Cited as authority (rule) Linda G. Morgan v. The Bank of New York Mellon etc.
Fla. Dist. Ct. App. · 2016 · confidence medium
Under Florida law, “[t]he party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish standing to 5 proceed with a foreclosure action.” Mazine v. M & I Bank, 67 So. 3d 1129, 1131 (Fla. 1st DCA 2011) (citing Servidio v. U.S. Bank Nat’l Ass’n, 46 So. 3d 1105 (Fla. 4th DCA 2010)).
examined Cited as authority (rule) Hidden Ridge Condominium Homeowners Ass'n v. Onewest Bank, N.A. (3×) also: Cited "see"
Fla. Dist. Ct. App. · 2016 · confidence medium
A proponent may establish the requirements for the exception by presenting a “certification or declaration that complies with sections 90.803(6)(e) and 90.902(11), Florida Statutes (2004).” Yisrael v. State, 993 So.2d 952, 957 (Fla.2008). 3 “While it is not necessary to call the individual who prepared the document, the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation.” Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011) (citation omitted).
discussed Cited as authority (rule) Brindise v. U.S. Bank National Association (2×)
Fla. Dist. Ct. App. · 2016 · confidence medium
See § 673.3011(2), Fla. Stat. (2014); Creadon v. U.S. Bank N.A., 166 So. 3d 952, 954 (Fla. 2d DCA 2015); Mazine v. M & I Bank, 67 So. 3d 1129, 1130 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Gary S. Snyder and Jane Snyder v. JP Morgan Chase Bank
Fla. Dist. Ct. App. · 2015 · confidence medium
“Because a promissory note is a negotiable instrument and because a mortgage .provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder.” Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Nationstar Mortgage, LLC v. Berdecia
Fla. Dist. Ct. App. · 2015 · confidence medium
Still, “[w]hile it is not necessary to call the individual who prepared the document, the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation.” Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011) (citing Forester, 610 So.2d at 1373 ).
cited Cited as authority (rule) Creadon v. U.S. Bank N.A.
Fla. Dist. Ct. App. · 2015 · confidence medium
Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011); see also § 673.3011, Fla. Stat. (2008).
discussed Cited as authority (rule) Bank of America, N.A. v. Delgado
Fla. Dist. Ct. App. · 2015 · confidence medium
“While it is not necessary to call the individual who prepared the document, the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation.” Mazine v. *860 M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Taoufiq Seffar v. Residential Credit Solutions, Inc.
Fla. Dist. Ct. App. · 2015 · confidence medium
We recently addressed how a plaintiff may show it is entitled to foreclose on a promissory note in Murray v. HSBC Bank, 157 So.3d 355 (Fla. 4th DCA 2015): “Because a promissory note is a negotiable instrument and because a mortgage provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be ... a nonholder in possession of the note who has the rights of a holder.” Mazine v. M & I Bank, 67 So.3d 1129, 1130 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Kristy S. Holt v. Calchas, LLC
Fla. Dist. Ct. App. · 2015 · confidence medium
The court in Hunter observed that “[w]hile it is not necessary to call the individual who prepared the document, the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation.” Id. at 573 (quoting Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011)).
discussed Cited as authority (rule) Donna Murray and Marc Murray v. HSBC Bank USA
Fla. Dist. Ct. App. · 2015 · confidence medium
“Because a promissory note is a negotiable instrument and because a mortgage provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be ... a nonholder in possession of the note who has the rights of a holder.” *358 Mazine v. M & I Bank, 67 So.3d 1129, 1130 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Bank of New York v. Andrew Calloway
Fla. Dist. Ct. App. · 2015 · confidence medium
When employing this first option, “it is not necessary to call the individual who prepared the document”; however, “the witness through whom [the] document is being offered must be able to show each of the requirements for establishing a proper foundation.” Mazine v. M & I Bank, 67 So.3d 1129,1132 (Fla. 1st DCA 2011) (citation omitted); see also Hunter v. Aurora Loan Servs., LLC, 137 So.3d 570, 573 (Fla. 1st DCA 2014).
discussed Cited as authority (rule) Kiefert v. Nationstar Mortgage, LLC (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2014 · confidence medium
See § 673.3011(2)-(3), Fla. Stat. (2010); Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011). .
discussed Cited as authority (rule) Kristy S. Holt v. Calchas, LLC
Fla. Dist. Ct. App. · 2014 · confidence medium
The court in Hunter observed that “[w]hile it is not necessary to call the individual who prepared the document, the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation.” Id. at 573 (quoting Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011)).
cited Cited as authority (rule) Mark Pennington v. Ocwen Loan Servicing, LLC
Fla. Dist. Ct. App. · 2014 · confidence medium
“To establish standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question.” Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Hunter v. Aurora Loan Services, LLC
Fla. Dist. Ct. App. · 2014 · confidence medium
“While it is not necessary to call the individual who prepared the document, the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation.” Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Lindsey v. Cadence Bank, N. A.
Fla. Dist. Ct. App. · 2014 · confidence medium
Testimony from the person who prepared the record or the custodian of the record is not necessary, but “the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation.” Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011); see also Lassonde v. State, 112 So.3d 660, 663 (Fla. 4th DCA 2013) (explaining that “a qualified person to introduce business records, other than the records custodian, must be a person who, by the very nature of that person’s job responsibilities and training, knows and understands the…
cited Cited as authority (rule) American Home Mortgage Servicing, Inc. v. Bednarek
Fla. Dist. Ct. App. · 2014 · confidence medium
Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (quoting Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011)).
discussed Cited as authority (rule) Stone v. BankUnited
Fla. Dist. Ct. App. · 2013 · confidence medium
“The party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish standing to proceed with a foreclosure action.” Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011) (citing Servedio v. U.S. Bank Nat’l Ass’n, 46 So.3d 1105 (Fla. 4th DCA 2010)).
discussed Cited as authority (rule) Lindsey v. Wells Fargo Bank, N.A.
Fla. Dist. Ct. App. · 2013 · confidence medium
“To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question.” Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011); see also BAC Funding Consortium, Inc. v. Jean-Jacques, 28 So.3d 936, 938 (Fla. 2d DCA 2010).
examined Cited as authority (rule) Bank of New York Trust Co., N.A. v. Rodgers (4×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2012 · confidence medium
As has been the case in many recent foreclosure actions— see, e.g., Mazine v. M & I Bank, 67 So.3d 1129, 1132 (Fla. 1st DCA 2011) (reversing final judgment of foreclosure where the bank failed to prove it holds the note and mortgage in question); Gee v. U.S. Bank Nat'l Ass'n, 72 So.3d 211, 214 (Fla. 5th DCA 2011) (reversing final summary judgment of foreclosure where U.S. Bank neither tendered original note nor offered any evidence of its whereabouts at summary judgment hearing); Servedio v. U.S. Bank Nat'l Ass'n, 46 So.3d 1105, 1107 (Fla. 4th DCA 2010) (reversing final summary judgment of fo…
cited Cited "see" LUIS MORALES and CECELIA MORALES v. FIFTH THIRD BANK
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Mazine v. M & I Bank, 67 So. 3d 1129 , 1131–32 (Fla. 1st DCA 2011).
cited Cited "see" Heller v. Bank of America, N.A.
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Mazine v. M & I Bank, 67 So.3d 1129, 1131-32 (Fla. 1st DCA 2011).
discussed Cited "see" Ottoniel Cruz and Luz M. Cruz v. JP Morgan Chase Bank, National Association, etc.
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
A “person entitled to enforce” an instrument is: “1) [t]he holder[ 1 ] 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 sfeetion] 673.3091 or sfeetion] 673.4181(4).” § 673.3011, ;Fla, Stat. (2014); see Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011).
discussed Cited "see" Ottoniel Cruz and Luz M. Cruz v. JP Morgan Chase Bank, National Association
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
A “person entitled to enforce” an instrument is: “1) [t]he holder[1] 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[ection] 673.3091 or s[ection] 673.4181(4).” § 673.3011, Fla. Stat. (2014); see Mazine v. M & I Bank, 67 So. 3d 1129, 1131 (Fla. 1st DCA 2011).
discussed Cited "see" Onewest Bank, FSB v. Cummings
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (holding that “because a mortgage provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder”) (quoting Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011)).
cited Cited "see" Martins v. PNC Bank, National Ass'n
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011).
discussed Cited "see" Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc. (2×)
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Mazine v.M&I Bank, 67 So.3d 1129 (Fla. *154 1st DCA 2011) (party seeking foreclosure must prove it owns and holds note and mortgage to establish standing).
cited Cited "see" Daniel and Nancy Kiefert v. Nationstar Mortgage, LLC
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Lindsey v. Wells Fargo Bank, N.A., 139 So. 3d 903, 906 (Fla. 1st DCA 2013) (citing Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011)).
discussed Cited "see" One West Bank, F.S.B. v. Bauer
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (“ ‘Because a promissory note is a negotiable instrument and because a mortgage provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder.’ ” (quoting Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011))); Mortg.
discussed Cited "see" Sas v. Federal National Mortgage Ass'n
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011) (remanding for further proceedings where bank failed to lay proper foundation for introduction into evidence of an affidavit of the amounts allegedly due and owing); see generally Dreyer, 46 So.3d at 615 (remanding for new hearing to determine amount of restitution); Mitchell Bros., Inc. v. Westfield Ins.
discussed Cited "see, e.g." Natacha Peuguero and Angelo Peuguero v. Bank of America, N.A.
Fla. Dist. Ct. App. · 2015 · signal: see also · confidence medium
See also Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011) (remanding for new damages determination where documentary evidence necessary to establish damage amount was erroneously admitted without foundation).
cited Cited "see, e.g." Harvey Covington & Thomas, LLC v. WMC Mortgage Corp.
Fla. Dist. Ct. App. · 2012 · signal: see, e.g. · confidence low
See, e.g., Mazine v. M & I Bank, 67 So.3d 1129 (Fla. 1st DCA 2011).
Retrieving the full opinion text from the archive…
Moshe MAZINE and Jaacov E. Bouskila
v.
M & I BANK
No. 1D10-2127.
District Court of Appeal of Florida, First District.
Jul 22, 2011.
67 So. 3d 1129
David H. Charlip of Charlip Law Group, LC, Aventura, for Appellants., Erin Berger, Florida Default Law Group, PL, Tampa, for Appellee.
Lewis, Nortwick, Roberts.
Cited by 48 opinions  |  Published
VAN NORTWICK, J.

Moshe Mazine and Jaacov Bouskila appeal an amended final judgment of mortgage foreclosure in favor of M & I Bank,[*1131] appellee. Because the documentary evidence necessary to establish the amount owed under the note and mortgage was admitted without proper foundation and it is undisputed that M & I Bank was not the holder of the mortgage and note, we reverse and remand for further proceedings.

The party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish standing to proceed with a foreclosure action. Servedio v. U.S. Bank Nat. Ass’n, 46 So.3d 1105 (Fla. 4th DCA 2010). Because a promissory note is a negotiable instrument and because a mortgage provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder. See § 673.3011, Fla. Stat. (2009); Taylor v. Deutsche Bank Nat. Trust Co., 44 So.3d 618 (Fla. 5th DCA 2010). An allegation of default in a complaint must be proven by competent evidence. See Terra Firma Holdings v. Fairwinds Credit Union, 15 So.3d 885 (Fla. 2d DCA 2009).

In January 2009, M & I Bank filed a complaint seeking foreclosure of a mortgage naming Mazine and Bouskila as party defendants. An amended complaint later followed, but the named plaintiff remained the same. After several motions challenging the sufficiency of service of process and personal jurisdiction, Bouskila eventually filed an answer which denied almost all of allegations of the amended complaint, including the allegation that Bouski-la secured a mortgage on the real property at issue and the allegation as to amount in default. Mazine did not file an answer but moved to dismiss the amended complaint on several grounds, including the ground that the entity listed on the note and mortgage was “M & I Marshall & Ilsley Bank,” not the named plaintiff, “M & I Bank.” The motion to dismiss was not considered by the trial court before the cause was heard at a bench trial.

The only witness to testify at the bench trial regarding the allegations of the amended complaint was David Taxdal, the regional security officer for “M & I Marshall and Ilsley Bank” in the State of Florida. According to Taxdal’s testimony, his “duties and responsibilities are fraud investigation, internal investigation and physical security for the branches” in Florida, and he does not originate loans, service loans or collect loans in default. Through Taxdal, the bank attempted to introduce several documents, including an affidavit as to amounts due and owing. The affidavit was executed by Michael Koontz, who did not appear at trial, and the bank sought to introduce it as a business record. Taxdal testified that he had no knowledge as to who prepared the documents submitted at trial by the bank as he is not involved in the preparation of documents such as the ones proffered by the bank, that he does not keep records as a records custodian, that he has no personal knowledge as to how the information in the affidavit as to the amounts due and owing was determined or whether it was prepared in the normal course of business, and that he did not know whether such information was accurate.

Counsel for the defendants vigorously opposed admission of the affidavit of indebtedness, the only evidence of the amount allegedly in delinquency, as a business record. Counsel observed that the affiant (Koontz) was not subject to cross-examination, and that given the matters to which Taxdal testified it was evident that Taxdal “has no knowledge of the basis upon which this affidavit was prepared.”

The trial court denied defendants’ objection and admitted the affidavit without explanation. This was error. Before a document may be admitted as a business record, a foundation for such ad[*1132] mission must be laid. Section 90.803(6), Florida Statutes (2010), allows the admission of records of a regularly kept business activity when the business record was made at or near the time of the matters reported and when the business record is made by a person having personal knowledge of the matters reported or when the information supplied in the record is supplied by a person with knowledge. Further, it must be shown that the business record was kept in the ordinary course of a regularly conducted business activity and that it is the regular practice of the business keeping the record to make such a business record. Yisrael v. State, 993 So.2d 952 (Fla.2008). While it is not necessary to call the individual who prepared the document, the witness through whom a document is being offered must be able to show each of the requirements for establishing a proper foundation. Forester v. Norman Roger Jewell & Brooks, 610 So.2d 1369, 1373 (Fla. 1st DCA 1992).

Here, none of the requirements for admission of a business record were met. As noted, Taxdal candidly admitted that he had no knowledge as to the preparation or maintenance of the documents offered by the bank, including the affidavit as to amounts due and owing. Taxdal did not testify and, indeed, could not testify, that the affidavit as to the amounts owed was actually kept in the regular course of business. Further, he did not know if the source of the information contained in the affidavit was correct. He did not know if the amounts reported in the affidavit were accurate. There was no attempt to admit the affidavit by certification or declaration pursuant to section 90.803(6)(c), Florida Statutes.

Accordingly, because no foundation was laid, the admission of the affidavit was erroneous. Because the affidavit was the only evidence as to the amount of defendants’ default, the error was harmful necessitating that the amended final judgment of foreclosure be reversed.

Furthermore, the trial court erred in denying appellants’ motion for a directed verdict given the lack of proof that the named plaintiff and appellee, M & I Bank, holds the mortgage and note. “M & I Marshall & Ilsley Bank” is shown as the holder of both the note and mortgage. At the time the bank offered the affidavit as to amounts due and owing into evidence, Taxdal testified that M & I Bank FSB— which we assume is M & I Bank — and M & I Marshall and Ilsley Bank are different entities.[1] The amended judgment of foreclosure styles the prevailing party as “M & I Bank,” not “M & I Marshall and Ilsley Bank.” To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question. See Khan v. Bank of America, N.A., 58 So.3d 927 (Fla. 5th DCA 2011), and Philogene v. ABN Amro Mtg. Group, Inc., 948 So.2d 45 (Fla. 4th DCA 2006). Therefore, because M & I Bank had not demonstrated it possessed the standing to proceed in the foreclosure action, we must reverse on this issue as well.

REVERSED and REMANDED for further proceedings consistent with this opinion.

LEWIS, and ROBERTS, JJ., concur.
1

Although M & I Bank filed a motion to substitute a party by which M & I Marshall and Ilsley Bank was to be substituted for M & I Bank, the-trial court never acted upon this motion. We note that, while the name of the bank in the mortgage and note is spelled "M & I Marshall and Ilsley ”, the motion to substitute spells the name somewhat differently, "M & I Marshall and Ilsley " (italics added).