Miller v. Kondaur Capital Corp., 91 So. 3d 218 (Fla. 4th DCA 2012). · Go Syfert
Miller v. Kondaur Capital Corp., 91 So. 3d 218 (Fla. 4th DCA 2012). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: RAFAEL A. PAREJA and MARIA D. ARROYO CISNEROS a/k/a MARIA D. ARROYO a/k/a MARIA E. ARROYO v. WILMINGTON SAVINGS FUND SOCIETY, FSB (fladistctapp, 2021-03-17)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) RAFAEL A. PAREJA and MARIA D. ARROYO CISNEROS a/k/a MARIA D. ARROYO a/k/a MARIA E. ARROYO v. WILMINGTON SAVINGS FUND SOCIETY, FSB
Fla. Dist. Ct. App. · 2021 · confidence medium
Fund Soc’y, FSB v. Stevens, 290 So. 3d 115 , 118 (Fla. 4th DCA 2020); Miller v. Kondaur Capital Corp., 91 So. 3d 218, 219 (Fla. 4th DCA 2012); see also Lamb v. Nationstar Mortg., LLC, 174 So. 3d 1039, 1040 (Fla. 4th DCA 2015) (“Where a bank is seeking to enforce a note which is specially indorsed to another, it may prove standing through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.”) (citation and internal quotation marks omitted).
cited Cited as authority (rule) MARK KOYFMAN v. 1572 PLEDGER LLC
Fla. Dist. Ct. App. · 2020 · confidence medium
Corp., 91 So. 3d 218, 219 (Fla. 4th DCA 2012)).
discussed Cited as authority (rule) Nationstar Mortgage, LLC v. Bo Chan
Fla. Dist. Ct. App. · 2017 · confidence medium
Here, Appellant was not the original plaintiff; however, as the substitute plaintiff, Appellant “stands in the shoes of the original plaintiffimortgagee,” Sandefur v. RVS Capital, LLC, 183 So.3d 1258, 1260 (Fla. 4th DCA 2016) (quoting Miller v. Kondaur Capital Corp., 91 So.3d 218, 219 (Fla. 4th DCA 2012)), and “acquires the standing (if any) of the original plaintiff at the time the case was filed.” Id. (citing Lewis v. J.P.
discussed Cited as authority (rule) Gregory Sandefur v. RVS Capital, LLC, Rio Vista Saloon, LLC, and David Zwick (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2016 · confidence medium
While it is true that the plaintiff by substitution “stands in the shoes of the original plaintiff/mortgagee,” Miller v. Kondaur Capital Corp., 91 So.3d 218, 219 (Fla. 4th DCA 2012), an order of substitution does not create standing.
cited Cited as authority (rule) Sierp v. JP Morgan Chase Bank, N.A.
Fla. Dist. Ct. App. · 2016 · confidence medium
Miller v. Kondaur Capital Corp., 91 So.3d 218, 219 (Fla. 4th DCA 2012).
cited Cited as authority (rule) Carl J. Sierp v. JP Morgan Chase Bank, N.A.
Fla. Dist. Ct. App. · 2016 · confidence medium
Miller v. Kondaur Capital Corp., 91 So. 3d 218, 219 (Fla. 4th DCA 2012).
cited Cited as authority (rule) Linda Sainte v. Ventures Trust 2013 1-H-R
Fla. Dist. Ct. App. · 2015 · confidence medium
Miller v. Kondaur Capital Corp., 91 So.3d 218, 219 (Fla. 4th DCA 2012).
Retrieving the full opinion text from the archive…
John W. MILLER and Charlene M. Miller
v.
KONDAUR CAPITAL CORPORATION
No. 4D11-918.
District Court of Appeal of Florida, Fourth District.
Jun 20, 2012.
91 So. 3d 218
Garry W. Johnson and Bruce K. Herman of 511 Law, P.A., Fort Lauderdale, for appellants., Jerrold J. Golson of Florida Foreclosure Attorneys, PLLC, Clearwater, for appel-lee.
Gross, Stevenson, Warner.
Cited by 10 opinions  |  Published
WARNER, J.

We affirm the order denying appellants’ motion for relief from final judgment of foreclosure. Appellants claim lack of standing. We have held, however, that[*219] standing may not be raised in a motion for relief from final judgment where no affirmative defense of lack of standing was raised in the original proceeding raising the issue. See, e.g., Phadael v. Deutsche Bank Trust Co. Americas, 83 So.3d 893, 895 (Fla. 4th DCA 2012); Beaulieu v. JPMorgan Chase Bank Nat’l Ass’n, 80 So.3d 365 (Fla. 4th DCA 2012). Nevertheless, in this case the complaint was filed by the original payee and mortgagee, who assigned its interest in the note and mortgage to the appellee during the suit, substituting appellee as the party plaintiff. Thus, appellee stands in the shoes of the original plaintiff/mortgagee.

In addition, appellants claim that the note was not properly indorsed, so appellee could not show it was the holder of the note entitled to enforce it. Although the original note was not indorsed, the record shows that both the mortgage and note were assigned to appellee by the original payee by recorded assignment, and the original note was filed with the court. As such, appellee became a non-holder in possession of the instrument, entitled to enforce it. See § 673.3011(2), Fla. Stat. (2011); Taylor v. Deutsche Bank Nat’l Trust Co., 44 So.3d 618, 622 (Fla. 5th DCA 2010).

Appellants point to a copy of the note filed in the proceedings which appears to have an endorsement on it, even though the original note filed in these proceedings has no endorsement. Although this copy of the note may be false and could be grounds for disciplinary action, it does not affect the determination of the substantive issues in the case.

Affirmed.

STEVENSON and GROSS, JJ., concur.